Flexible Working Policy and Procedure

Transcription

1 Flexible Working Policy and Procedure

2 Author/Contact DOCUMENT CONTROL HR Development and Equality Manager Tel: Equality Impact Assessed 10/02/2011 Version 4.0 Status Approved Publication Date 09/11/2012 Review Date 30/09/2015 or on updates to legislation / regulations Approved by: - Trust Partnership Forum Sub Group Date: 18/04/2012 Trust Partnership Forum Date: 03/07/2012 Trust Policy Group Date: 04/09/2012 Governance Committee Date: Please note that the Intranet version of this document is the only version that is maintained. Any printed copies should therefore be viewed as uncontrolled and as such, may not necessarily contain the latest updates and amendments. Approved documents related to this policy Name of Policy Special Leave Policy Maternity Leave Policy Equal Opportunities Policy Flexible Retirement Policy Working Time Regulations Local Agreement Employment Break / Sabbatical Leave Policy and Procedure Annual Leave Policy Document Reference / Hyperlink Statement of changes made Version Date Changes / comments received from 12/06/ Update of Flexible leave form and addition of Trust framework for Flexi-time 01/07/ Addition of Trust flexitime framework Page 2 of 26

3 List of Stakeholders who have reviewed the document Name Christine Lightfoot Andrew Pounds Pauline Isaac Alison Beck Isla Edgar Val Whitwood Heads of Department Divisional General Managers Title HR Business Partner HR Business Partner HR Business Partner HR Business Partner Deputy Director of HR Medical Staffing Manager SUMMARY This policy sets out North Cumbria University Hospitals NHS Trust s commitment to flexible working to help staff balance their work and home life. The policy gives examples of the types of flexible working and outlines the process for considering employee requests for changes to their working patterns. The application form has been updated to ensure that all relevant information can be included and Appendix 2 now includes a Trust agreed framework for flexitime schemes. Page 3 of 26

4 TABLE OF CONTENTS SUMMARY INTRODUCTION PURPOSE OF THE DOCUMENT DEFINITION OF TERMS USED SCOPE DUTIES (ROLES & RESPONSIBILITIES) CEO / Board Responsibilities Divisional General Manager / Associate Medical Director, Clinical Director Responsibilities / Head of Department Responsibilities Line Managers Responsibilities Staff Responsibilities Human Resources Department Responsibility PROCESS Factors that must be considered in relation to flexible working requests Legal Background Flexible working options Applying for flexible working Dealing with conflicting requests IMPLEMENTATION AND TRAINING REQUIREMENTS PROCESS FOR MONITORING COMPLIANCE WITH POLICY / PROCEDURE REFERENCES APPENDIX 1 GUIDELINES FOR JOB SHARE CONTRACTS APPENDIX 2 FLEXI-TIME APPENDIX 3 GUIDELINES FOR ANNUALISED HOURS APPENDIX 4 GUIDELINES FOR TERM TIME WORKING APPENDIX 5 FLEXIBLE WORKING REQUEST FORM APPENDIX 6 FLEXIBLE WORKING REQUEST ACCEPTANCE APPENDIX 7 FLEXIBLE WORKING REQUEST REJECTION Page 4 of 26

5 1 INTRODUCTION North Cumbria University Hospitals NHS Trust relies upon the skills and dedication of its staff and recognises that quality of care for patients, their families and their carers goes hand in hand with the quality of working lives that staff experience. As working lives unfold, many people find that their preferred balance between work and life outside work can change significantly and flexible working patterns can assist employees in achieving a work life balance and create a richer blend of skills and experience as a result. The Trust is committed to the principles of flexible working in the firm belief that this can benefit both the organisation and its employees through: providing a wider pool of candidates to recruit from retaining valuable skills and experience reducing problems with attendance and punctuality improving staff morale and productivity and helping to reduce stress enabling staff to balance their working life with other commitments benefits to patients through increased access to treatment and care and having their treatment provided by motivated and engaged staff. The Policy takes into account Agenda for Change Terms and Conditions of Employment Medical & Dental Terms and Conditions Employment legislation including Employment Act 2002, Flexible Working Regulations and the, Equality Act PURPOSE OF THE DOCUMENT The purpose of this policy is to explain the Trust s commitment to helping staff balance work and home life set out examples of types of flexible working patterns and how they might be used set out the process for consideration of applications for flexible working facilitate consideration of flexible working requests to try and find a solution that suits both the need of the individual and the Trust. promote the Trust as an employer of choice. 3. DEFINITION OF TERMS USED A dependent is someone who is married to or is a partner or civil partner, a near relative or someone who lives at the same address. A relative for this purpose includes parents, parents-in-law, adult children, adopted adult children, siblings Page 5 of 26

6 (including those who are in-laws), uncles, aunts, grandparents and step relatives or is someone who relies on the employee in a particular emergency. 4 SCOPE All employees of the Trust can apply for flexible working. 5. DUTIES (ROLES & RESPONSIBILITIES) 5.1 CEO / Board Responsibilities The Chief Executive is ultimately responsible for the Flexible Working Policy and Procedure, and will delegate the day to day responsibilities for this policy to the Director of Human Resources and Organisational Development. 5.2 Divisional General Manager / Associate Medical Director, Clinical Director Responsibilities / Head of Department Responsibilities Divisional General Managers, Associate Medical Directors, Clinical Directors and Heads of Departments are responsible for the effective implementation of this policy and associated procedures within their Division or Department. 5.3 Line Managers Responsibilities Line managers are responsible for ensuring that employees are aware of the policy and the options available to them they consider all requests from staff to change their working pattern and submit to any other required Trust panel for consideration in good time they follow the process for considering applications within the timescales set out and agree any changes to the timescales with the employee they keep the employee informed of the progress of the application review working patterns and where appropriate brief other team members and discuss any impact of the flexible working request before any agreement is reached they consider all requests in light of the specific service related grounds set out in the policy they consider other options where service requirements mean a request cannot be met they explain the reasons in writing where a request is declined. 5.4 Staff Responsibilities Staff must be aware of the principles set out in this policy and when making their request they must complete the flexible working request form in full in line with the timescales set out unless extenuating circumstances make this impossible Page 6 of 26

7 consider how their role will work on a flexible arrangement and the effect their preferred working pattern will have on patients and other service users the department the team in which they work individual members of staff be prepared for the desired working pattern to be discussed with other members of the team consider alternative arrangements where a particular working pattern cannot be met because of service needs. 5.5 Human Resources Department Responsibility HR Business Partners / Medical Staffing will provide advice to managers and employees on the application of this policy. 6. PROCESS Flexible working may be implemented in a department or on a team wide basis or may be in response to a request from an individual member of staff to enable them to cope with a change in their personal circumstances. The Trust considers all applications for flexible working. 6.1 Factors that must be considered in relation to flexible working requests The following factors must be taken into account in all requests Both employees and managers must consider carefully the balance between individual needs and service/patient needs together with the impact of the change on the department and other team members. The Trust aims to accommodate flexible working requests wherever possible, however there will be occasions where it will not be possible to agree to a request because of the effect on the work of a department of the delivery of the service. Alternative arrangements will be considered before deciding that a particular request cannot be met. Applications must follow the process set out in Section 6.4. All flexible arrangements must comply with the European Working Time Directive and Working Time Regulations (see the Trust local agreement on Working Time for guidance on hours, rest breaks and the working week). Normally any change to an employee s pattern of work will be a permanent one and the employee will not have an automatic right to revert to their former working pattern unless agreed otherwise. Trial periods can be organised to see how different working patterns suit both the service and the employee. Page 7 of 26

8 All applications must be considered against these service-related criteria: any additional financial cost to the Trust effect on the ability of the Trust to meet service demands ability to reorganise work among existing staff ability to recruit additional staff impact on quality 6.2 Legal Background impact on performance sufficiency of work during the period the employee proposes to work planned organisational/structural changes Under the Flexile Working Regulations, employees who meet the following criteria also have a legal right to request flexible working: have 26 weeks continuous employment with the Trust on the date the application is made not have made another statutory flexible working request during the previous 12 months. The regulations set out that an eligible employee can make an application to care for either a child under 17, or a disabled child who is under 18 and who is in receipt of disability living allowance The regulations state that a parent can request flexible working if they are the biological parent, guardian, adopter or foster carer, or are the spouse or civil partner of the child s parent/guardian certain adults who require care under the regulations, a carer can request flexible working if they care, or expect to be caring for either 6.3 Flexible working options a spouse, partner, civil partner or relative someone who lives at the carer s address. Flexible working covers a wide variety of working practices which in many cases will be individually tailored to suit the needs of the individual and department. Widely used types of flexible working are described below and further practical details are set out in the Appendices shown. Other patterns of flexible working may be considered. Page 8 of 26

9 Part time working Many of the Trust s employees work part time hours, from just a few hours per week to nearly full time, to enable them to meet other responsibilities. The advantages for the Trust can include: flexibility in staff planning to match peaks and troughs in activity having a greater range of skills and experience available in the team not lose existing staff who cannot continue to work full time Arrangements may also be made on a temporary basis, initially for a maximum of 12 months and a review must be undertaken no later than 3 months before the end of the agreed period. Under normal circumstance an alternative solution will be considered after twelve months if the reduction in hours were still required. However, in exceptional circumstance, the temporary arrangements can be extended. If an individual wishes to return to their former hours earlier than originally planned, they should give at least three months notice in writing as arrangements may have been made to cover the hours. Annual leave and public holidays for part time staff are calculated on a pro rata basis irrespective of the days an individual is required to work (see Annual Leave Policy). Job Share (Appendix 1) Where two individuals share a post and are jointly responsible for meeting the requirements and responsibilities of the post in return for a proportion of the salary, holidays and other benefits. Flexi-time (Appendix 2) Flexi-time working usually covers a department or work group and can allow employees some flexibility around a set core time of hours in the day. It gives employees some discretion, within agreed parameters, over start and finish times, and lunch periods, subject to the appropriate cover being available during the times that the service requires and fulfilling the requirements of the Working Time Regulations. It can therefore allow employees the opportunity to meet personal commitments, for example caring for children or relatives, without affecting their work. Depending on operational requirements, flexi time may not be an appropriate option for some departments or sections. Appendix 2 shows a framework scheme agreed and used within a number of areas in the Trust. It includes the key principles such as hours, starting/finishing periods, recording time and taking flexitime. Page 9 of 26

10 Depending on particular service needs, specific details may need to be amended and those areas should be discussed and agreed with the staff involved and the changes documented. Annualised hours contract (Appendix 3) Annualised hours working aims to even out supply and demand by distributing hours to coincide with levels of need. Such working is particularly suitable in situations where there are peaks and troughs (such as seasonal pressures, regular work cycles). It is also suitable for individuals whose workload is particularly heavy at certain times of the year and lighter at others. Term time working (Appendix 4) The employee works during the school term times only. This pattern of work can be useful where activity dips during holiday periods or other cover is available. Home working In some posts and circumstances it may be appropriate for staff to work from home either occasionally or on a more regular basis (e.g. one or two days per week). Occasional working on an ad hoc basis can be informally agreed by a manager. Requests to work more regularly must follow the process set out in Section 6.4. The following factors must be taken into account for all home working any IT systems used at home must meet Trust requirements regarding security the Trust s information governance policies and requirements for working off site must be met. Compressed working week Employees work more hours per day in order to condense working hours into fewer days/shifts per week or fortnight. This working pattern can be considered for example where constant attendance is not required or a team is large enough for full cover to be provided. Care must be taken to ensure that shift times and patterns comply with working time regulations. Flexible retirement (see Flexible Retirement Policy) The Trust is committed to giving employees who are approaching retirement, or considering early retirement, every facility to ensure as smooth a transition as possible from work to retirement by offering a number of options to help them manage their retirement more effectively. There are alternatives to stopping work completely, and the flexible retirement options outlined in the Policy aim to provide employees with access to a range of Page 10 of 26

11 opportunities which can either enable them to reduce the pace and commitment of work whilst still using their knowledge, skills and experience for the benefit of patients and the health service. Employment Break / Sabbatical Leave (see Employment Break /Sabbatical Leave Policy and Procedure for details and application process) Employment Break This gives the opportunity to take an extended period of unpaid leave from work and return at an agreed date in the future (a minimum break of 3 months and a maximum of 5 years). Sabbatical Leave This gives the opportunity, as part of continuous development for an employee to take a specified period of leave to experience a different working environment pertinent to their profession. 6.4 Applying for flexible working Before applying for a change to their working patterns, employees are advised to consider any effect on their pay, pension and other terms and conditions of the change they are requesting. They should also be aware that the new working arrangements will apply permanently and there will be no automatic right to return to the previous working pattern, unless there is explicit agreement at the start of the arrangement that the change is for a temporary period only. Staff can obtain further advice on the contractual implications of the new arrangements from their manager, Human Resources or Payroll for pay queries. An employee may wish to discuss flexible working informally with their manager before submitting their request. They should be aware that the process can take up to three months and should therefore make the application in good time. In some cases, the request may have to be submitted to the appropriate Trust Panel for consideration. All timescales mentioned in the application process may be extended with agreement of the manager and employee. Copies of all correspondence in relation to the flexible working arrangement will be kept on the employee s personal file. Making the Application Applicants will be expected to fully complete a Flexible Working Request Form (Appendix 5) to allow formal consideration of the request. The form asks for the following information: the employee s current working arrangements the proposed new working arrangements Page 11 of 26

12 the date that they would like the new working arrangements to start (bearing in mind that it may take several months to put appropriate cover arrangements in place) the reason for the request (indicating if the request is to care for children or a dependant adult under the Flexible Working Regulations see criteria in section 6.2) how the changes may impact on their workload, their team and the overall work of the department how any impact could be overcome the date of any previous requests made. Receipt of the application The manager must acknowledge the application on receipt by completing and returning a copy of the application form with the acknowledgement section completed. Where the manager is absent due to leave or sickness, the timescales set out for the process will be adjusted to take account of this. Considering the application In some circumstances (e.g. where there is no requirement to present information to a further Trust panel for consideration such as no change to contracted hours and request to backfill/not a request for flexible retirement) it may be possible for the request to work flexibly to be agreed by the manager on the basis of the application itself. If this is the case, the manager must confirm the acceptance in writing (see Appendix 6) within 28 days and arrange for a Post Change Form to be completed for payroll purposes. Where the manager considers that the request can be accommodated within service needs but further consideration by the appropriate Trust Panel is necessary (e.g. such as a change in contracted hours and request for backfill/flexible retirement request), the manager must arrange for the request to be considered as soon as possible and notify the employee.of the outcome. Where the manager cannot agree the request on the basis of the application itself, they must arrange to meet with the employee to discuss the request. This meeting must take place within 28 days of receiving the application, unless otherwise agreed with the employee (any extensions agreed must be recorded in writing). The employee may be accompanied at the meeting by a trade union representative or work colleague. The purpose of this meeting is to enable the manager and employee to explore the proposed work pattern in depth and consider the service related criteria in Section 6.1 discuss how best it might be accommodated provide an opportunity to consider other alternative working patterns should there be problems in accommodating the work pattern outlined in the employee s application Page 12 of 26

13 It may be appropriate to talk to other members of the team regarding the proposed changes and ways that the work can be covered. As above, the request may also have to be submitted for consideration by the appropriate Trust panel. Confirming the Outcome Once the decision on whether the request can reasonably be accommodated has been taken, the manager must notify the employee of the outcome within 14 days of the meeting (unless otherwise agreed with the employee). If the flexible working pattern has been agreed, the manager must set out details of the new arrangement and start date (see Appendix 6) arrange for a Post Change Form to be completed where the change is on a temporary or fixed term arrangement set out the end date and clarify when this will be reviewed If the requested change to working patterns genuinely cannot be accommodated and no alternative solution can be found, then the manager may refuse a request if it is on one of the following service related grounds `the burden of additional financial cost to the Trust a detrimental effect on the ability of the Trust to meet service demands the inability to reorganise work among existing staff the inability to recruit additional staff a detrimental impact on quality a detrimental impact on performance insufficiency of work during the period the employee proposes to work planned organisational/structural changes The manager must set out the details for the rejection in writing within 14 days, showing which of the above grounds apply and giving details of the opportunity to appeal (see Appendix 7). Appeal An individual may appeal against the decision by writing to their line manager, setting out why they feel the refusal was unfair, within 14 days of their original application being refused. An appeal meeting with a manager at a higher level must be arranged within 14 days (unless any extension of time is agreed). The outcome of the appeal must be notified to the individual within 14 days of the appeal meeting. 6.5 Dealing with conflicting requests If more than one employee wishes to change to a similar working pattern and it is not possible to agree the requests for service reasons, then the manager will need to Page 13 of 26

14 discuss the requests with the members of staff to try to reach a compromise that is acceptable to all parties. Where no compromise can be reached, the manager will discuss the reasons for the request with each of the employees and decide which has the most legitimate need, including taking account of whether the applications are made under the statutory provisions of the Flexible Working Regulations. 7 IMPLEMENTATION AND TRAINING REQUIREMENTS This policy will be published on the Trust Intranet or a copy can be obtained from the Human Resources Department. The Trust has undertaken a training needs analysis and details of the current training requirements for different staff groups is detailed in the Trust s Training Needs Analysis matrix. Where required, training on the application of the policy will be provided for managers. 8 PROCESS FOR MONITORING COMPLIANCE WITH POLICY / PROCEDURE The HR Department will monitor the application of the process to ensure that the requirements and timescales are met. 9 REFERENCES Agenda for Change / Medical & Dental Terms and Conditions Equality Act 2010 Employment Act 2002 Flexible Working Regulations ( ) Page 14 of 26

15 APPENDIX 1 GUIDELINES FOR JOB SHARE CONTRACTS Job share is an arrangement whereby two or more people agree to share the role and responsibilities of a post, each partner receiving a proportion of the full time salary, holidays, bank holidays and other benefits. Usually the post shared is equivalent to a full time post. Each job share is an individual arrangement depending upon the skills and experience of the employees involved. The success depends on the commitment of the sharers and a flexible approach by the manager. General principles The Trust supports job sharing and broadly the view is taken that any post can be shared unless it is likely to significantly reduce the effective performance of the post or impose a severe administrative, managerial or financial burden on a Department. Where a manager wishes to make a special case about the suitability of a post they would need to obtain the agreement of the Director of Human Resources. Post holders are jointly responsible for the completion of the duties and responsibilities of the post but are individually responsible for their own actions on duty. It is essential that they cooperate with each other to keep up to date and hand over work to ensure continuity of service. A Introduction of Job Sharing Job sharing can be introduced into a post in a number of ways Existing employees Applications may be from a single individual or from two employees in the same type of work and should include details of how the work could be divided and the way in which the hours could be split (this need not be exactly 50/50). Request from existing employees to share job If the application is approved the arrangement can be introduced as soon as it is practical to do so. Employee wishes to hold own post on job share The employee should apply at least 3 months before they wish to begin the job share. If it is considered suitable, the remaining part of the post will be advertised. Only when a suitable job sharer is appointed will the existing employee be permitted to commence the job sharing partnership. Page 15 of 26

16 The person applying for the job share will be given an opportunity to meet shortlisted candidates, however the appointment panel will remain responsible for the final selection and appointment. If it is not possible to appoint to the post, further consideration will be given as to whether the work may be organised in a different way to allow the employee to reduce their hours before the application is turned down. External applicants for posts Managers and Appointing Officers must follow the procedure set out in the Trust s Recruitment and Selection policy. Applications may be from Applicants applying with a job-share partner Both applicants must apply for the post separately. They may choose to add an additional statement in support of their joint application and must both meet the specification set out for appropriate skills and experience. The applicants will be interviewed separately so that they can each be considered on their own merits against the relevant selection criteria. If one half of a job share is considered unsuitable at any stage of the process, the other applicant will be given the opportunity of continuing with their application. Applicants applying for job share without a job-share partner Where the job share applicant is clearly the best candidate, they may be given a conditional offer of appointment subject to the successful recruitment of a suitable partner. If a suitable partner cannot be found and the applicant is not able to take up a post on a full time basis then it will not be possible to continue with the appointment Applicants will be expected to ensure that the Trust s conditions relating to the hours of work and working patterns required to meet the demands of the post will be satisfied with the job share. The selection panel must be satisfied of this when determining the suitability of the job share. B Conditions of Employment Working arrangements An established working pattern must be agreed at the outset by the manager and job sharers. Hours of work are usually split evenly between the employees but this can be done in a number of ways e.g. each employee working mornings or afternoons Page 16 of 26

17 working half the week each one person working the whole week and the other person the next week A handover period between the sharers must also be agreed during the normal working week and the amount of time required will depend on the particular post. Where one job share partner is absent for any reason and the work needs to be covered, the manager will consider what arrangement may be required. In the first instance this may include asking the other job share partner to work additional hours, but pressure will not be put on the job share partner to cover. Pay Salary will be paid pro rata for the number of hours worked. Starting salary will be in line with the Trust s protocol on starting salaries; incremental progression will be determined individually in line with normal policy. Where an individual works additional hours e.g. they have agreed to cover hours, they will be given time in lieu or paid at the normal rate up to the whole time equivalent number of hours at the managers discretion. Leave Each job sharer will receive the standard leave entitlement for the post on a pro rata basis according to their contracted hours and length of service. The eight public holidays will be shared pro rata to the hours worked. Individuals will not normally take annual leave at the same time and will be expected to mutually agree dates with their manager according to the needs of the service. Sickness Job sharers are entitled to sick pay in accordance with national conditions of service and normal arrangements as set out in the Trust s Sickness Absence Policy will apply. Resignation of one half of a Job Share If a job sharer resigns the: the manager must review the requirements of the post and consider whether the vacant hours need to be filled; any request to do so must be presented to the appropriate Trust panel. if approved, the full time hours will be offered to the remaining job sharer in the first instance if the job sharer does not wish to work full time, the job share will be advertised and every effort will be made to recruit to it. if recruitment is not successful the Trust will have to make a decision regarding the continuation of the job share and redeployment may be considered for the existing postholder. Page 17 of 26

18 APPENDIX 2 FLEXI-TIME The framework Flexi-Time Scheme set out below has been agreed and used within a number of areas of the Trust. It includes details around the key requirements of a scheme, covering hours, recording arrangements and taking flexitime. Depending on particular service needs, specific details may need to be different and those areas should be discussed and agreed with the staff involved and the changes documented. FLEXI-TIME GUIDELINES Flexibility is the capacity to be responsive to changing conditions. It suggests the ability to bend in both directions. If it is applied in a reasonable and consistent manner it would be of benefit to employees home life/work balance and also beneficial to the Trust to meet peaks in demands / workload. This scheme will apply to all staff who work to flexi-time guidelines on both Trust Sites, West Cumberland Hospital and Cumberland Infirmary to ensure standardisation of practices and working patterns. 1. GENERAL DESCRIPTION The scheme provides employees with flexibility in choosing their own arrival and departure times. The flexibility will depend upon the needs of the department concerned and a degree of co-operation within the department to ensure that adequate cover is maintained during core office hours. When taking any flexi-leave, arrangements MUST be made to ensure that telephone calls are transferred to another member of staff within the core hours. It is the responsibility of each individual to make these arrangements. 2. SUPERVISION OF THE SCHEME Each departmental manager and/or nominated supervisor will be responsible for supervising the operation of the scheme and ensuring that these guidelines are followed with consistency and fairness. 3. FLEXIBLE WORKING DAY The flexible working day will consist of 5 periods: *Flexible arrival period Morning core period *Flexible lunch period Afternoon core period *Flexible departure period hours hours hours hours hours * Arrival and departure can take place at any time during these periods. Page 18 of 26

19 Subject to the discretion of the departmental manager and the needs of the service, employees may arrive at work at any time during the flexible arrival period and leave work at any time during the flexible departure period. Employees should normally be at work for the whole of the morning and afternoon core periods and if there is an essential reason for you to arrive or leave during these core hours, you must discuss this with your manager beforehand. When taking a half day flexi-leave the arrival and departure can be at any time during the flexible lunch period. If service needs dictate key staff may be authorised by the Departmental Manager to arrive up to 30 minutes prior to the start of the morning flexible arrival period (i.e a.m.) 4. LUNCH BREAKS Must be a minimum of 30 minutes duration (for full time staff or anyone who works 6 hours or more per day) and must be taken during the flexible lunch period. Each department should ensure that staggered lunch breaks occur so that there is a member of staff contactable in each department during the flexible lunch period. No credit will be given for lunch breaks that are worked. 5. TIME RECORDING Employees will be required to record their start and finish times by keying in and out using a system that will be provided for that purpose. Employees must only key in when they are prepared to begin work and must key out immediately on ending work, at the nearest point to their work base. Employees will be responsible for their own time recording and MUST NOT permit any other person to key in or out on their behalf. Disciplinary action, including dismissal, will be taken if anyone is found keying in and out for any other person 6. CALCULATION OF FLEXITIME BALANCE Each working day, the flexitime system will debit each employee with the standard working hours for that day. Each employee will be credited for their attendance time for that day, excluding lunch breaks. They will also be credited with the appropriate time for any approved absences. The resulting difference will be added to or subtracted from the current flexitime balance for that employee, which will then be carried forward to the next working day. 7. ACCOUNTING PERIOD The accounting period for flexitime calculations will be 4 calendar weeks ending at 1800 hours on Friday of week four. 8. BALANCES CARRIED FORWARD A maximum credit balance of 15 hours (or 2 days of standard contracted hours for part-time staff) may be carried forward to the next accounting period. Unless there is prior agreement with the Departmental Manager any hours in excess of the 2 standard working days will be lost at the end of week four. A maximum debit balance of 3 hours 45 minutes (or ½ day of standard contracted hours for part-time staff) may be carried forward to the next accounting period. In exceptional circumstances, an employee may unavoidably accrue a debit balance in excess of this limit by the end of an accounting period. The departmental manager may authorise this to be carried Page 19 of 26

20 forward if they are satisfied that the employee could not reasonably have made up the time within the accounting period just ended. Any debit hours carried forward to the next accounting period must be made up within the month of that period. 9. BALANCES ON TERMINATION On termination of employment, the balance of any debit/credit hours will be adjusted on the employee s final salary payment. 10. ADJUSTMENTS FOR ABSENCES 10.1 Work Away From Base Time spent away from base on official business will be credited up to the standard hours for the day. In exceptional circumstances (eg where an employee is required to travel or attend meetings outside the normal hours) the departmental manager will authorise a credit of hours in excess of the standard working day Annual Leave/Study Leave/Maternity Leave Employees will be credited with the appropriate number of standard half or full days for any leave taken. Employees should continue to request such leave in advance and to make a record in their leave card Sick Leave Employees will be credited with the appropriate number of standard half or full days for any leave taken. Anyone who has to go home sick from work will be credited with the difference between time already worked and the standard time for that day. Sick leave should continue to be noted on each employee s leave card Medical Appointments Employees will be expected to arrange medical appointments during flexible arrival and departure periods. Where this is not possible, flexi-leave should be taken as described in section 11 below Other Absences The departmental manager may authorise flexitime credit to be given for other approved absences. 11. FLEXI LEAVE Subject to the approval of the departmental manager, employees may reduce an accrued credit balance by taking leave up to a maximum of one day within each accounting period (4 calendar weeks). In most circumstances this will normally be a full or half day. However, subject to the agreement of the manager and the requirements of the service, this may be taken in shorter periods. In addition to this staff may take a second day within an accounting period up to four times a year. Such leave should be requested in advance, in the same way as annual leave is requested, and a record kept on each employee s leave card. Page 20 of 26

21 A rota system may be instigated where the number of staff requiring flexi leave exceeds the departments ability to meet that demand. Should this be necessary a suitable rota should be mutually agreed, prior to implementation. Flexi leave can be cancelled if service needs require staff to be at work. Where possible, at least 24 hours notice will be given of a cancellation, however, there may be circumstances that may necessitate cancellation on the same day, for example, someone taking flexi leave in the afternoon may have it cancelled in the morning. It may be possible, where workloads are particularly high, to work over time and be paid for these hours. This only applies when it has been agreed with the departmental manager prior to working the extra hours. 12. OVERTIME Overtime is outside the scope of this agreement. In particular, no overtime will be paid to any employee who has accumulated a debit flexitime balance or in respect of work undertaken during the flexible working day. 13. DISCIPLINARY ACTION If an employee fails to operate within these terms and conditions this will result in disciplinary action. 14. RIGHT OF APPEAL It is expected that the flexi-time scheme will be implemented fairly and consistently. Where an employee is dissatisfied with a decision concerning the flexi time scheme, they should raise the matter informally with their immediate supervisor in the first instance. If the issue is not resolved at this stage, the Trust Grievance procedure will apply. These guidelines will be periodically reviewed in order to meet the changing needs of the service.. Page 21 of 26

22 APPENDIX 3 GUIDELINES FOR ANNUALISED HOURS Annualised hours is a form of working arrangement where a commitment is made to work a set number of hours each year and the pattern of working hours can enable activity peaks and troughs to be taken into account. This can allow for seasonal working patterns such as different hours in summer and winter or flexibility over shorter periods. Any variations in working patterns must meet the Working Time Regulations Pay Salary will be paid on equal monthly salary payments over the year based on average monthly hours. Sickness Sickness notification and certification will be the same as for other employees and as set out in the Trust s Sickness Absence Policy. Annual Leave and Bank Holidays Employees will receive the appropriate annual leave entitlement for their hours and their working hours adjusted to take account of this. Pay on termination of employment The line manager must ensure that they identify any hours under or over worked on the termination form, so that the appropriate adjustments can be made. Monitoring and recording hours Line managers are responsible for keeping a record of the hours worked for any employees working annualised hours and monitoring them against the hours required. Although the numbers of hours may be expressed as an annual total, monitoring must take place on a regular basis to ensure that at the end of a year, an individual has not worked over or under the agreed hours. The employee must also take responsibility for monitoring their hours. Page 22 of 26

23 APPENDIX 4 GUIDELINES FOR TERM TIME WORKING Staff who work in term time only do not work at all during the recognised school holidays but get paid all year round at a pro-rata rate. This allows an employee to combine employment with the need to respond to childcare responsibilities during school holidays. There may be limits to the number of posts that can be accommodated on term time only contracts in a department as demand for most health services does not diminish significantly during school holidays, but term time working could apply in circumstances which include School holidays breaks coincide with dips in activity Where work is project based and can be planned to meet deadlines without the need to work all year Where cover can be easily obtained during school holiday periods. In these circumstances term time working can help match staffing levels to service requirements. Work pattern and annual leave The standard work period is normally 39 weeks, which is in accordance with the standard academic year. An employee would normally be expected to work during term time and take their annual leave during the school holidays. Employees must ensure that they notify their manager of school term dates in advance of the academic year so that work and cover can be planned. Other leave In exceptional circumstances the Manager can authorise leave such as special leave or other types of leave where appropriate or unpaid leave. Contract Where a term-time only contract is granted, it must be reviewed annually. Payment of salary Salary is calculated as an annual amount (inclusive of leave entitlement and bank holidays on a pro rata basis) and paid in equal monthly instalments throughout the year. The salary is recalculated and adjusted when the contract starts or finishes part way through the year. The Employment Services Bureau can give advice on the calculation of hours worked in the year including holidays. Page 23 of 26

24 APPENDIX 5 FLEXIBLE WORKING REQUEST FORM Flexible Working Request Please complete the form in full to help the Trust to consider your request. Where information is not complete, your manager may ask you for clarification and this may delay consideration of your request. FULL NAME SITE POST Current Working Pattern (days/hours/times): DEPARTMENT: Requested Working Pattern (days/hours/times) I wish this change to be Permanent / Temporary (please delete as appropriate) Proposed start date: Reason for the request (indicating if the request is to care for children or a dependant adult under the Flexible Working Regulations see section 6.2 of the Policy)) Impact of the requested working pattern (use separate sheet if required) Please describe how you think this change in your pattern will affect your current duties, department/ward and colleagues: Accommodating the new working pattern (use separate sheet if required) Please state how the impacts shown above can be dealt with: Date(s) of any previous requests(s): Signed: Date: For completion by Manager (please send a copy of the completed form to the HR Department) I confirm that I have received your request for Flexible Working and will arrange for it to be considered. Name: Signed: Date: Page 24 of 26

25 APPENDIX 6 FLEXIBLE WORKING REQUEST ACCEPTANCE Template Dear Thank you for your application for flexible working. I can confirm that /Following our meeting on XXXXXXXXX I can confirm that I am able to accommodate your application. OR I am unable to accommodate your original request. However I am able to consider the alternative pattern which we discussed and you agreed would be suitable for you. Your new working pattern will therefore be: These arrangements are permanent /temporary and will commence on XXXXXXX. For a temporary change add They will be due to end on XXXXXX and a review of the arrangements will be made before this date. If you have any further questions please do not hesitate to contact me Page 25 of 26

26 APPENDIX 7 FLEXIBLE WORKING REQUEST REJECTION Template Dear Thank you for meeting with me on XXXXX to discuss your application flexible working After considering your request very carefully, I am sorry that I am not able to accommodate your request for the following service-related ground(s): During the meeting we also discussed the following alternative arrangements. Unfortunately after also considering these carefully I am not able to accommodate them for the following service related reasons If you are unhappy with the decision you may appeal against it by writing you me within 14 days of receiving this letter setting out the grounds for your appeal. Page 26 of 26