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1 Special Leave Plicy Cntrlled dcument This dcument is uncntrlled when dwnladed r printed. Reference number Versin 7 Authr & Jb Title Executive Lead Apprved by/date Ratified by WHHT: HR053 Date ratified May 2016 Cmmittee/individual respnsible Issue date April 2016 Review date April 2019 Target audience Key Wrds Annette Behagg, HR Adviser Paul da Gama, Directr f Human Resurces Virtual Overall Management Grup Quality & Safety Grup Wrkfrce Transfrmatin Grup All WHHT Staff Cmpassinate, carer, interviews, dmestic Authr: Annette Behagg Review Date: April 2019 Page 1 f 12

2 CONTRIBUTION LIST Key individuals invlved in develping this versin f the dcument Name Annette Behagg Designatin HR Adviser Apprved by Virtual Overall Management April 2016 Grup Ratified by Quality&Safety Grup June 2016 Change Histry Versin Date Authr Reasn Ratificatin Required Versin 3 September 2008 Annette Behagg & Out f date plicy Yes Luise Btha Versin 4 Nvember 2010 Carline Lankshear Out f date plicy Yes Versin 5 May 2012 Carline Lankshear Additin f leave fr Yes attending natinal interviews Versin 6 May 2013 Annette Behagg Amendment t Carer Leave Yes prvisin, standardisatin f time granted fr special leave Versin 7 March 2016 Annette Behagg Review and frmat Yes Authr: Annette Behagg Review Date: April 2019 Page 2 f 12

3 CONTENTS 1 Intrductin 4 2 Objectives 4 3 Scpe 4 4 Respnsibilities 4 5 Definitins 5 6 Carer leave 5 7 Cmpassinate leave 6 8 Dmestic leave 6 9 Public service duties 7 10 Other circumstances 9 11 GP, dental r ther health related appintments 9 12 IVF r ther fertility treatment Absent frm duty fllwing cntact with a ntifiable disease Appeals Evaluatin measures Related plicies Equality impact assessment statement 11 Authr: Annette Behagg Review Date: April 2019 Page 3 f 12

4 1 INTRODUCTION West Hertfrdshire Hspitals NHS Trust is cmmitted t supprting emplyees t balance the demands f dmestic and wrk respnsibilities. The aim f this plicy is t prvide a fair, cmpassinate and cnsistent respnse t assist emplyees at times f urgent and unfreseen need by the prvisin f paid r unpaid leave accrding t the circumstances. The Trust als acknwledges that many f its emplyees perfrm public service duties r are members f the Reserve r Cadet Frces, which may require them t be absent frm the wrkplace frm time t time. In these circumstances paid r unpaid leave may als be granted. In particular, this plicy describes leave entitlements relating t the fllwing types f leave: Carer Leave Cmpassinate Leave (fllwing a bereavement) Dmestic Leave Public Service Duties GP, Dental r Other Health Related Appintments 2 OBJECTIVES The purpse f this plicy is t prduce a unified Trust apprach t dealing special leave requests. The plicy has been prduced t ensure that apprpriate infrmatin is presented in a standard frmat, is easily accessed by all staff and the prcess fr requesting special leave is clear t all. 3 SCOPE This plicy applies t all emplyees f West Hertfrdshire Hspitals NHS Trust. 4 RESPONSIBILITIES 4.1 Line Manager Respnsibilities T ensure that emplyees are aware f the Special Leave Plicy T ensure all emplyee requests fr special leave are treated fairly T speak t emplyees when a request fr special leave is made and t nly grant apprpriate leave in accrdance with the plicy T maintain accurate recrds f special leave taken by emplyees T ntify and seek supprt frm the HR Advice Centre if an emplyee appears t be requesting special leave inapprpriately T treat all emplyees fairly, sensitively and ensure that any persnal infrmatin is kept in cmplete cnfidence T supprt emplyees wh are cvering fr a clleague s absence due t special leave T encurage a culture f attendance and help emplyees t minimise absence Authr: Annette Behagg Review Date: April 2019 Page 4 f 12

5 4.2 Emplyee Respnsibilities T make every effrt t attend wrk regularly and carry ut their duties t an acceptable standard T be aware f the Special Leave Plicy and make apprpriate requests fr special leave as and when the need arises; special leave cannt be granted in retrspect T explain t the manager the reasn fr requesting special leave s the manager can make a decisin abut whether special leave may be granted in accrdance with the plicy T remain in regular cntact with their manager when absent frm wrk n special leave 5 DEFINITIONS Carer leave Cmpassinate leave Paid leave t deal with an emergency breakdwn in care arrangements fr a dependent Paid leave t deal with the death f a relative, partner r smene with wh the persn was especially clse with. Dmestic leave Unpaid leave t deal with dmestic crisis eg fire, fld, r burglary. 6 CARER LEAVE Carer Leave applies where nrmal care arrangements fr a dependant f the emplyee break dwn at shrt ntice when the emplyee is either at wrk r n the day that they are due t be at wrk, and is in respnse t an unavidable situatin. Examples f such situatins include: If a dependant falls ill r has been invlved in an accident r assaulted, including where the victim is hurt r distressed rather than injured physically T deal with an unexpected disruptin r breakdwn in care arrangements fr a dependant; fr example, when the childminder r nurse fails t turn up T deal with an incident that ccurs invlving an emplyee s child during schl hurs There is n qualifying perid fr eligibility fr carer leave. Emplyees must make any requests fr carer leave t their immediate line manager r anther manager acting n his/her behalf as apprpriate. Carer leave shuld be requested at the time f need fr the leave and cannt be requested in retrspect. Carer leave cannt be bked in advance, fr example fr planned hspital appintments fr dependants. Carer leave is a shrt-term respnse t a crisis and is agreed at the discretin f the manager and shuld be granted in blcks f ne day. A maximum f 7.5 hurs (pr rata fr Authr: Annette Behagg Review Date: April 2019 Page 5 f 12

6 part time staff) paid leave in a rlling 12 mnth perid may be granted. The purpse f granting this leave is t enable an emplyee t put in place lnger term arrangements shuld they be necessary. Where an emplyee needs further time ff, managers shuld be flexible in granting shrt ntice annual leave r unpaid leave. A dependent in the cntext f this plicy is the partner, child r parent f the emplyee, r smene wh lives with them as part f their family. Fr example, this culd be an elderly aunt r grandparent wh lives in the husehld. It des nt include tenants r barders living in the family hme, r smene wh lives in the husehld as an emplyee, fr example, a live-in husekeeper. In cases f illness, injury r where care arrangements break dwn, a dependant may als be smene wh reasnably relies n the emplyee fr assistance. This may be where the emplyee is the primary carer r is the nly persn wh can help in an emergency. 7 COMPASSIONATE LEAVE Cmpassinate leave is given in the case f the death f a partner, clse relative r smene with whm the member f staff has had a clse relatinship. There is n qualifying perid fr eligibility. The initial request shuld be made t the immediate line manager r anther manager acting n his/her behalf as apprpriate. Emplyees are entitled t paid leave f up t 22.5 hurs (pr-rata fr part time staff) per bereavement. Hwever, managers are able t grant an additinal 15 hurs paid leave (prrata fr part time staff). In deciding hw much leave t grant, managers shuld take the fllwing int accunt: The clseness f the emplyee's relatinship with the deceased in real terms - nt simply by bld ties Whether the emplyee has administrative respnsibilities t carry ut - i.e. funeral arrangements The availability f ther relatives and friends t assist in making arrangements The distance the emplyee needs t travel t make arrangements r attend the funeral Time ff fr funerals fr nn-clse relatives r acquaintances shuld be taken as annual leave r unpaid leave. If apprpriate, further unpaid cmpassinate leave may be granted at the discretin f the manager. It is expected that requests fr further leave after 37.5 hurs will be unpaid r taken as annual leave. 8 DOMESTIC LEAVE The aim f dmestic leave is t prvide a cmpassinate respnse t immediate needs arising ut f a dmestic crisis. This will be n thse ccasins when an emplyee s ability t functin nrmally in the wrking envirnment is adversely affected by an unexpected breakdwn in their usual circumstances, fr example fld, fire, burglary r ther serius dmestic incident which culd nt be predicted. Authr: Annette Behagg Review Date: April 2019 Page 6 f 12

7 There is n qualifying perid fr eligibility. The initial request shuld be made t the immediate line manager r ther manager acting n his/her behalf as apprpriate. Emplyees will be granted up t 7.5 hurs unpaid leave r annual leave at the discretin f their line manager. Emplyees shuld take annual leave fr dmestic leave requirements, which can be reasnably planned fr in advance. 9 PUBLIC SERVICE DUTIES Special leave will be granted fr Public Service duties as utlined belw. Hwever, in all circumstances managers shuld cnsider: The needs f the service The amunt f leave required fr the perfrmance f the particular duties There is n qualifying perid fr eligibility. Emplyees must give as much ntice as pssible f the date(s) when it is anticipated that they will be required fr public service duties and, if asked by their line manager, must prduce evidence f the need t perfrm such duties. The line manager will authrise each absence as necessary. Emplyees must be aware that taking unpaid leave may affect their pensin. N travelling expenses r subsistence allwances will be paid by the Trust. 9.1 Emplyees Elected t Gvernrs f an Educatinal Establishment A maximum f 45 hurs unpaid leave r annual leave may be taken per annum t attend meetings as required. 9.2 Magisterial Duties / Emplyees Elected t Office in a Lcal Authrity Emplyees will be granted up t 90 hurs unpaid leave per annum, alternatively annual leave can be requested. 9.3 Parliamentary Candidature Leave Emplyees adpted as candidates fr a parliamentary electin may be granted up t a maximum f 4 weeks unpaid leave at the discretin f their manager. This perid f leave will be cnsidered as ntice fr successful candidates. 9.4 Leave fr Training with the Reserve / Cadet Frces Emplyees wh, with the cnsent f their manager, vlunteer fr service with the Reserve Frces, r wh at the time f their appintment, declare the fact f their membership f a Reserve Frce t the Trust and the Trust des nt bject, shall be granted the fllwing leave: One week s paid special leave fr attendance at annual camp, and shuld be free t chse whether the secnd week at camp is taken as unpaid leave r as part f their nrmal entitlement f paid annual leave. Authr: Annette Behagg Review Date: April 2019 Page 7 f 12

8 Emplyees wh are required t carry ut shrt perids f training (nrmally n Saturdays and Sundays), additinal t annual camp, and are unable t arrange fr such training t be undertaken in ff-duty time, may be granted special leave with pay fr this purpse, subject t the needs f the service. The term week fr Reserve / Cadet Frces shall be interpreted in all cases as meaning a nrmal wrking week fr the individual cncerned. 9.5 Prfessinal Bdy Hearings Emplyees will be granted special leave with pay. Emplyees shuld btain the cnsent f their line manager fr each absence; hwever cnsent shuld nt be unreasnably withheld. 9.6 Attendance at Curt as a Witness Emplyees shuld infrm their line manager as sn as they are ntified f the need t attend curt and are expected t return t wrk as sn as their attendance is n lnger required. Emplyees will be granted special leave with pay if their attendance is related t Trust issues. Fr nn-trust related matters, cnsideratin will be given t reasnable time ff t attend curt but this will be withut pay r shuld be taken as annual leave. Travelling and subsistence allwances will nt be paid by the Trust and shuld be claimed via the Curt. 9.7 Attendance at Curt fr Jury Service If an emplyee is called fr jury service, they will be granted special leave and shuld claim fr lss f earnings frm the curt. T d this, they will be given a frm frm the curt asking fr cnfirmatin f their nrmal salary, which shuld be passed t Payrll fr cmpletin. If necessary the Trust will tp up the balance t their average basic pay s that they d nt suffer any detriment t their pay received. The Trust will nly be respnsible fr tpping-up the emplyee s salary frm the standards csts prvided by the curt and s if an emplyee chses nt t claim lss f earnings frm the curt then they may experience a lss in earnings. If an emplyee is prvided with a chice by the curt with regards t their degree f availability t attend as a jurr, it is expected that the emplyee will ntify the curt that their release frm wrk is likely t have a detrimental effect n the prvisin f public service. Emplyees shuld infrm their line manager as sn as they are ntified f the need t attend jury service. In exceptinal business circumstances an emplyee may be asked t defer their jury service, fr example if their absence frm wrk is likely t cause substantial injury t the business. There is an expectatin that the emplyee will return t wrk n days r half-days they are nt required at curt. Travelling and subsistence allwances will nt be paid by the Trust and shuld be claimed via the curt. Authr: Annette Behagg Review Date: April 2019 Page 8 f 12

9 9.8 Attending Interviews Paid leave will be granted fr emplyees attending interviews within the Trust. Emplyees will be expected t use their annual leave entitlement t attend interviews utside f the Trust, unless they have been ntified f the cessatin f their emplyment n the grunds f redundancy, in which case they will be granted additinal paid leave - see Management f Organisatinal Change Plicy fr further details. 9.9 Attending Natinal Interviews fr Junir Dctrs Reasnable time ff with pay will be given t dctrs wh have been invited t attend Natinal Interviews fr a training psitin. Evidence f the interview will be required if time ff is t be given. Where staff require 2 r mre days / nights ff, 1 day will be paid leave. The additinal time required shuld be taken as annual leave r unpaid leave. Where the interview is within a reasnable travelling distance, junir dctrs will be required t return t cmplete any n-call duties. 10 OTHER CIRCUMSTANCES The abve is nt intended as an exhaustive list f all the circumstances in which unpaid r annual leave may be prvided at the discretin f the manager. Others may include membership f any f the fllwing: A Plice Authrity Any Statutry Tribunal A Health Authrity r Special Health Authrity r Primary Care Trust The Managing r Gverning Bdy f an Educatinal Establishment Maintained by a Lcal Educatin Authrity r a Further r Higher Educatin Crpratin The General Teaching Cuncils fr England and Wales The Envirnment Agency A Fundatin Trust 11 GP, DENTAL OR OTHER HEALTH RELATED APPOINTMENTS Emplyees shuld make appintments utside f wrking hurs (r cre wrking hurs where flexi-time is in peratin). Where this is nt practicable emplyees will be granted paid leave, but shuld endeavur t make their appintments t enable the least amunt f leave (and disruptin t the service) being required, i.e. at the beginning r end f the day. Rutine, nn-essential appintments such as pticians shuld be made utside f wrking hurs and emplyees will nt receive paid time during wrking hurs t attend these appintments. Line managers are entitled t request prf f any appintments made during wrk time and if requested, emplyees shuld prvide evidence such as appintment cards. If emplyees fail t prvide evidence when requested then the time taken may be recrded as unpaid. Emplyees must als ntify their line manager in advance f any medical appintments unless this has been arranged as an emergency appintment. Ideally at least 48-hurs ntice shuld be prvided. Authr: Annette Behagg Review Date: April 2019 Page 9 f 12

10 Fr lnger hspital appintments r where the emplyee is required t travel a significant distance t attend their appintment, emplyees may be granted up t ½ day t attend the appintment. In exceptinal circumstances 1 day may be granted but this will be at the manager s discretin and n a case-by-case basis. Pregnant wmen shuld be allwed reasnable time ff t attend antenatal appintments (as detailed in the Trust s Family Leave Plicy). Emplyees attending fr cancer screening and bld dnatin shuld als be allwed reasnable time ff with pay Attendance at Frequent Medical Appintments Line managers will mnitr the number and frequency f appintments attended by emplyees. If an emplyee is required t attend frequent medical appintments fr an nging health cnditin then this needs t be disclsed t their line manager. Upn disclsure the line manager and emplyee will need t agree hw the appintment time is t be accmmdated. Depending n the frequency f appintments it may nt be pssible fr the Trust t sustain regular paid leave fr attendance in which case alternative emplyment ptins shuld be cnsidered such as flexible wrking, r temprary / permanent cntractual reductin in hurs. The Trust cnsiders that it is reasnable t allw emplyees the time t attend all necessary medical appintments, hwever when the frequency f attendance is excessive, it may nt be reasnable t ffer all such time with paid leave. In these cases, emplyees may be required t take the time as unpaid leave this will be at the discretin f the line manager. 12 IVF OR OTHER FERTILITY TREATMENT The Trust recgnises that infertility is a medical cnditin causing cnsiderable psychlgical and physical distress, and is sympathetic t emplyees wh decide t underg this treatment. Special leave will be granted fr these purpses where this is supprted by dcumentary evidence frm the emplyee s G.P. r Cnsultant. Emplyees will be granted up t 22.5 hurs (pr rata fr part-time staff) paid leave per cycle (maximum f 3 cycles), after which time they shuld use unpaid leave r their annual leave entitlement. A cmbinatin f all three can be used after discussin between the emplyee and their manager. The emplyee will infrm their manager f the likely duratin f the treatment, number f ccasins, pssible dates and when they expect t need time ff wrk. If an individual's curse f treatment causes them t becme ill r hspitalised, their absence shuld be dealt with under the Trust s Managing Attendance Plicy. 13 ABSENCE FROM DUTY FOLLOWING CONTACT WITH A NOTIFIABLE DISEASE Where emplyees are under medical bservatin fr the abve reasn they will be granted special leave with pay. All such cases shuld be referred t the Infectin Cntrl Nurse and Occupatinal Health Department. Authr: Annette Behagg Review Date: April 2019 Page 10 f 12

11 14 APPEALS Any appeal arising frm this plicy shuld be raised thrugh the Trust s Grievance Plicy and Prcedure. 15 EVALUATION MEASURES 15.1 Mnitring The HR Advice Centre will lg any grievances that are raised as a result f this plicy being inapprpriately r unfairly applied and ensure that requests fr special leave are dealt with as per the plicy Audit & Review This plicy is expected t be reviewed within 2 years (r earlier t reflect any legislative changes) but if this is deemed unnecessary the plicy will remain in frce until such time as it is reviewed. 16 RELATED POLICIES Managing Attendance Plicy Flexible Wrking Plicy Family Leave Plicy 17 EQUALITY IMPACT ASSESSMENT STATEMENT 1. Des the plicy/guidance affect ne grup less r mre favurably than anther n the basis f: Race Ethnic rigins (including gypsies and travellers) Natinality Gender Culture Religin r belief Sexual rientatin including lesbian, gay and bisexual peple Age Disability - learning disabilities, physical disability, sensry impairment and mental health prblems Marriage & Civil partnership Pregnancy & maternity 2. Is there any evidence that sme grups are affected differently? Yes/N N Cmments Authr: Annette Behagg Review Date: April 2019 Page 11 f 12 N N N N N N N Yes Yes N Yes Yes Prvisin f GP and hspital appintments may affect thse with nging

12 3. If yu have identified ptential discriminatin, are any exceptins valid, legal and/r justifiable? Yes/N Yes 4. Is the impact f the plicy/guidance likely N t be negative? 5. If s can the impact be avided? n/a Cmments health cnditins. Thse with disabilities and / r mental health issues may require greater cntact with health services and therefre need mre appintments. Duties t make reasnable adjustments is met as emplyees are given time t attend appintments. In cases where there is an nging health cnditin the line manager and emplyees can cme t an agreement fr hw the appintment time is t be cvered eg flexible wrking, reductin in hurs. 6. What alternatives are there t achieving the plicy/guidance withut the impact? 7. Can we reduce the impact by taking different actin? n/a n/a Authr: Annette Behagg Review Date: April 2019 Page 12 f 12