Special Leave Policy - solent.nhs.uk

1 Special Leave Policy Page 1 of 24 Version 2 Special Leave Policy Please be aware that this printed version of the Policy may NOT be the latest version. Staff are reminded that they should always refer to the Intranet for the latest version. Purpose of Agreement This Policy provides managers and staff with guidance on the different types of Leave available within the Trust and how requests for Special Leave should be considered. Document Type x Policy SOP Guideline Reference Number SolentNHST/ Policy /HR46 Version Version 2 Name of Approving Committees/Groups Policy Steering Sub-committee Assurance Committee Operational Date 1st February 2014 Document Review Date 1st February 2017 Document Sponsor (Name & Job Title) Julie Pennycook Director of HR and OD Document Manager (Name & Job Title) Lyn Bicknell Senior Pay and Remuneration Manager Document developed in consultation with Staff Side Intranet Location Policies/Human Resources Website Location Keywords (for website/intranet uploading)

2 Adoption Leave , Maternity Leave , carers Leave , Ante-natal Leave , Maternity Support Leave , Paternity Leave , Parental Leave , Sabbatical, Employment Break scheme, public duties, staff governor, trade union representatives, Special Leave , Unpaid Leave , Emergency Leave , Jury Service, cadet or reserve forces training, Interviews, Doctors appointments, Dental appointments, Hospital appointments, Professional activities Special Leave Policy Page 2 of 24 Version 2 Review Log Include details of when the document was last reviewed. Version Number Review Date Name of reviewer Ratification Process Reason for amendments 1 10/02/14 L Bicknell JCC, Policy Group Inset the words internally and/or and both internal and external interviews at paragraph Special Leave Policy Page 3 of 24 Version 2 Solent NHS Trust Special Leave Policy Section Index Reason Page 1 Introduction and Purpose 4 2. Scope and Definitions 5 3. Responsibilities 5 4. Assessing Requests for Special Leave 5 5.

3 Types of Special Leave 6 Compassionate Leave 6 Emergency Leave 6 Adoption Leave 7 Ante-natal Appointments 7 Maternity Leave 7 Paternity Leave 7 Additional Paternity Support Leave 7 Parental ( carers ) Leave 8 Dependants Leave 8 Public Duties 9 Training with the Reserve or Cadet Forces 9 Duties as a Trust Governor 10 Sabbaticals 10 Employment Breaks 10 Jury Service 11 Interviews 11 Doctor, Dentist and Hospital Appointments 11 Fertility Treatment Appointments 11 Professional Activities 12 Trade Union Duties 12 Other Reasons 12 6. Application and Managers Action 12 7. Appeals 13 8. Training 13 9. Equality Impact Assessment and Mental Capacity 13 10. Success Criteria and Monitoring Effectiveness 13 11. Review 13 12. Links to Other Documents 13 Appendix A Assessing Requests for Special Leave 14 B Employment Break Scheme 15 C Application for an Employment Break 18 D Application for other Special Leave 19 E Model Response letter 20 F Non Sickness Absence form 22 G Equality Impact Assessment and Mental Capacity 24 Special Leave Policy Page 4 of 24 Version 2 Solent NHS Trust Special Leave Policy 1.

4 INTRODUCTION AND PURPOSE The Employment Relations Act 1999 as amended, gave statutory rights to many types of Leave for Special Purposes. This document aims to clarify the Trust s interpretation of these statutory minimum rights, in the light of the NHS National terms. The Policy aims to maintain consistent management practice across the Trust and will enable managers to implement fair and equitable practices when making decisions on requests for Special Leave . This may not entail making identical decisions in all cases, as each individual case will be assessed according to circumstances. Special Leave may be defined as Leave given in addition to annual Leave and may be paid or unpaid in accordance with Policy . It includes the following types of Leave : Compassionate Leave Emergency Adoption Ante-natal Maternity Paternity Additional Paternity Parental ( carers ) Dependants Public Duties Duties as a Trust Governor Sabbaticals Employment Breaks Jury Service Interviews Doctor, Dentist and Hospital Appointments Fertility Treatment Appointments Professional Activities Training with the Reserve of Cadet Forces Trade Union Duties Other reasons It does not include absence due to sickness, or a secondment.

5 The Trust believes, as an organisation committed to providing equal opportunities for all, it should support flexible working practices. It seeks to help employee s balance the demands of domestic and work responsibilities, particularly at times of urgent and unforeseen need, providing paid or unpaid Leave as appropriate. Where possible, a flexible approach will be adopted to enable staff to meet these different demands. This will only be achieved if staff recognise their responsibilities with regard to making reasonable adjustments to working hours and using annual Leave where circumstances allow. Special Leave Policy Page 5 of 24 Version 2 2. SCOPE and DEFINITIONS This document applies to all directly employed staff within Solent NHS Trust and other persons working within the organisation in line with the Trust s Dignity at Work Policy . For the purposes of this Policy the following definitions apply: Dependants this includes a spouse, partner, child, parent, a person who lives in the same household as the employee otherwise than by reason of their being an employee, tenant, lodger or boarder.

6 It includes anyone who reasonably relies on the employee to make arrangements for the provision of care. Close Relative means a dependant as stated above with the following additions grandparent, step-children, step-parent, brother, sister. 3. RESPONSIBILITIES Staff The responsibilities of staff are: To give as much notice to their manager as possible of any request for Special Leave , for example if a close relative is seriously ill, or they are awaiting an adoption. Not to make unreasonable requests, To understand that the business needs of the organisation will be taken into account when decisions are made. To understand when Special Leave needs to be requested and to make such requests as appropriate. To fully utilise annual Leave wherever possible, and Not regard paid Special Leave as an automatic entitlement It is acknowledged that in some emergency type situations requests will not be able to be made immediately, although in all cases the manager must be informed that an individual will not be able to attend work.

7 In these limited circumstances, the Special Leave request can be made on the individuals return to work. Managers Managers are responsible for: Making timely equitable decisions on Special Leave requests Considering the needs of the business Using their discretion when making decisions on whether to grant paid or unpaid Leave . Making every effort to cover the individual concerned during a time of crisis, but make decisions on the basis of safe staffing levels. Recording decisions 4. ASSESSING A REQUEST FOR Special Leave In order to ensure fair and reasonable decisions are made, managers have been provided with a checklist of points that should be taken into consideration is included at appendix A. This list is not exhaustive. 5. TYPES OF Special Leave Special Leave Policy Page 6 of 24 Version 2 COMPASSIONATE Leave Any requests for compassionate Leave should be treated as a request for emergency Leave and should be considered under paragraph EMERGENCY Leave This Leave is intended to enable an employee to make an immediate response to a case of urgent domestic distress, such as.

8 Bereavement of a close relative, an emergency admission to hospital of a dependant as defined in paragraph 2 for example as a result of an accident, illness, injury or assault, an unexpected breakdown in care arrangements, a child is taken ill at school or becomes involved in an incident during school hours, for example being involved in the fight or is suspended from school, In these circumstances the Leave may be paid or unpaid, and managers may enable the individual to initially respond to the emergency, but agree for them to repay the owed time at a later date. With the exception of a bereavement, it is expected that this type of Leave will normally be of short duration, of less than one day. Where unexpected breakdown in care arrangements occurs, or a child is involved in an incident during school hours, paid time will be granted of up to one day for the first occasion in any rolling 12 months, but thereafter any time will be unpaid.

9 When time off is requested for dependants who have a planned admission to hospital, the Leave will be unpaid. For other types of emergency or compassionate Leave , with the exception of bereavements, the maximum number of days paid Leave in any rolling twelve month period is three days inclusive of any emergency Leave mentioned in paragraph When there is extreme weather conditions individuals will be expected to attend work, but if they cannot reach their normal base they will need to discuss this with their manager. It may be possible for them to work from home or at a different location; alternatively they may be able to take annual Leave or make up the time at a later date. It is not expected that paid Special Leave will be granted on these occasions. In cases of bereavement of a close relative, it may be necessary to allow the individual to take more than one day, where the employee is responsible for arranging the funeral, but the time should not normally exceed one working week.

10 It is recognised that in some cases when a dependant falls ill, both carers may be employed by the Trust. If it is a serious accident or illness the manager may recognise that both carers may have to take time off, however a common sense approach will be taken depending upon the need for time off for both parties. For longer term carer demands the member of staff concerned should discuss other options with their manager including unpaid Leave , carers Leave , temporary reduction in hours, or an Employment Break. Special Leave Policy Page 7 of 24 Version 2 ADOPTION Leave Any employee, male or female, who becomes the primary carer for a newly and legally adopted child under the age of 18, who is not already a family member, is entitled up to 52 weeks adoption Leave . For further details please see the Trust guide to Adoption Leave . ANTENATAL CARE APPOINTMENTS Reasonable paid time off will be granted to pregnant employees for ante-natal care appointments including relaxation and parent-craft classes as stated in the Trust guide to Maternity.