LEAVE OF ABSENCE POLICY

Transcription

1 LEAVE OF ABSENCE POLICY PURPOSE With the exception of leave which is a legal entitlement*, it is for the Governing Body to decide when to grant leave of absence and whether this shall be with pay or not. Each case should be considered taking into account the needs of the school and individually approved if appropriate. The cost associated with paid leave must be met from within the school budget. *See Appendix 1 - Parental Leave guidance notes and Appendix 2 - Statutory Unpaid Emergency Dependents Care Leave guidance notes GUIDELINES 1. COMPASSIONATE, EMERGENCY OR EXCEPTIONAL LEAVE This is normally paid leave and is at the discretion of the Headteacher and/or Governors who would normally follow these guidelines: Dangerous illness or emergency including near or dependent relative Death of a near relative Not exceeding 5 days at a time Not exceeding 5 days at a time A near relative is mother, father, brother, sister, husband, wife, partner, son, daughter or other dependant domiciled with you In the case of father-in-law, mother-in-law, son-in-law, daughter-in-law: not exceeding 3 days at full salary as reasonably required and depending on the distance to be travelled. Unforeseen child care not exceeding a total of 3 days per annum (see time off for a sick child) Other exceptional circumstances at the discretion of the Headteacher and/or Governors eg accepted impossible travel because of weather, or other public crisis 2 TIME OFF FOR A SICK CHILD Absence for a sick child should normally be unpaid except in exceptional circumstances where Compassionate, Emergency or Exceptional leave may be used (see 1). Pay will be deducted at 20% of the day rate for every teaching period missed. (The day rate is calculated by dividing the annual salary by 365). 3 OTHER ABSENCES This is at the discretion of the Headteacher who will be mindful of the following guidelines. The fairness of the policy will be monitored by the Governors Personnel Committee. (a) Wedding of a close family member Not exceeding 1 day at a time* Attending significant events connected with children Removal of household effects To seek another appointment (Teachers) 1 day Not exceeding 1 day at a time Not exceeding 3 days at a time

2 To seek another appointment (Support Staff) Approved vocational examinations Approved vocational courses Not exceeding 5 days per annum Period of the examination Duration of course * It is possible for additional unpaid days to be requested in some circumstances: such requests will be considered by the Headteacher (b) (c) Governors and Heads may also authorise leave of absence with pay, up to a limit of two days per year, for an exceptional cause not mentioned in (a) above. Any unpaid leave is calculated at 20% of the day rate for every teaching period missed. (The day rate is calculated by dividing the annual salary by 365). 4 PAID EMPLOYMENT OR OTHER LEAVE DURING THE SCHOOL DAY Requests by employees to take paid employment or other leave during the school day (eg as a trainer or moderator) can only be approved at the discretion of the Governors/Headteacher who will consider the benefit to the school and to the continuing professional development of the individual concerned. For paid employment any net benefit will normally be shared equitably by the individual and the school. On-going commitments of this kind will be reviewed annually to ensure proper management of such leave of absence. In cases of disagreement the Headteacher will refer to the Chair of Governors and/or the Chair of the Personnel Committee. 5 NOTES The Headteacher may take leave under the above provisions with the agreement of the Chair of Governors. Where the absence of any teacher would require the closure of a school, no such closure should be made without reference to the Director of Children and Young People s Service. Applications for leave of absence for any cause not mentioned above should be made to the Governing Body and, if granted, will be without salary unless otherwise determined. The Governing Body may delegate these actions to a member of the Leadership Team, if appropriate.

3 APPENDIX 1 PARENTAL LEAVE GUIDANCE NOTES AND APPLICATION FORM Scope The following sets out the statutory minimum required by regulation to date and includes regulatory changes on 8 March 2013, in respect of parental leave rights which are applicable to all employees; it also comments on contractual provisions applicable to non teaching staff where the Green Book model scheme has been adopted. The rights are in respect of each parent and each child for whom they are responsible. If the employee is eligible and gives the required notice they are entitled to take the leave; it cannot be refused but may be deferred by the school or academy. (see below) Eligibility The employee must: Have at least one year s continuous service; and Have responsibility for the child in question; and Be taking the leave to spend time with or otherwise care for the child Give a minimum of 21 days notice, (unless this is not reasonably practicable) specifying when the leave is to begin and end. Expectant parents who wish to take leave immediately after the birth or placement of a child for adoption must specify the expected week of childbirth or placement as appropriate. The employee has responsibility for the child for the purposes of this paragraph if the employee is: The child s biological mother or father (whether or not living with the child); The child s adoptive parent; or Otherwise has legal responsibility for the child i.e. guardian. The child must: Have been born on or after 15 December 1999; and Be under the age of five, except in the following circumstances If the child is adopted parental leave may be taken up to five years after the child is placed for adoption or until the child is eighteen years old, whichever is the earliest; or If the child has a disability parental leave may be taken up to the date when the child reaches the age of eighteen.

4 If in the case of non teaching staff, the Green Book model scheme has been adopted as a contractual entitlement; the child must Be under the age of eight; or If the child is adopted, parental leave may be taken up to eight years after the child is placed for adoption or until the child is eighteen years old, whichever is the earliest. The entitlement and how it can be taken The entitlement is to eighteen weeks unpaid leave in order to care for a child. It must be taken in blocks or multiples of one week, however if the child has a disability it can be taken in week blocks or multiples of a single day. A maximum of four weeks may be taken in any one year. The year begins on the date that the employee becomes entitled to the leave. This is either the date of the child s birth, the date of the child s placement or, in the case of a new employee, after completion of the one year qualification period. For part time employees who have a child with a disability and who can use their entitlement a day at a time, their parental leave must be in proportion to the hours that they work. The calculation to determine how many hours make up the four week a year limit is as follows: Hours worked by full time employee in a day x 20 (number of leave days in four weeks) =full time number of hours entitlement to parental leave each year Part time hours worked each week x full time annual parental leave hours Full time hours in a week = annual part time entitlement e.g. 37 / 5 = 7.4 x 20 = / 37 x 148 = 64 hours Deferral by the school / academy The employer can postpone the period of leave only if the operation of the business would be unduly disrupted. However if the leave is to be taken immediately after a child is born or placed for adoption the employer may not postpone the leave. A school or academy may determine that, since there are already significant closure periods, pupils education will be unduly disrupted by allowing parental leave in term time. Your EPM Personnel Adviser can advise on individual cases; however it is important that schools and academies adopt a fair and consistent approach. If the school or academy wishes to postpone a period of leave it should consult with the employee over the date to which the leave should be postponed and must notify the employee, in writing, within seven days of the request for leave, stating the reason for the postponement. However they must then grant the leave within six months, and specify, in writing the date upon which the leave may be taken, after consulting with the employee. If no agreement is reached after consultation the school or academy must determine the appropriate dates.

5 Employees have the right to present a complaint to an employment tribunal if the employer prevents or attempts to prevent them from taking parental leave. Record keeping and proof Employers are not required to keep statutory records of parental leave taken, but schools and academies are strongly advised to do so. When an employee changes jobs, prospective employers may ask a current employer if any parental leave has been taken. The employer may request to see reasonable evidence of the child s date of birth, of the employee s responsibility or expected responsibility for the child and, if the child has a disability, to the child s entitlement to a disability living allowance. Pension and employment rights during leave The employee should contact their pension scheme directly, to ascertain their pension rights during parental leave and to make any necessary arrangements. The provisions in respect of the Local Government Pension Scheme and the Teacher s Pension Scheme differ. An employee who takes parental leave has the right not to be dismissed or subjected to any other detriment by reason of taking parental leave. Continuous service will continue to accrue during parental leave for both teaching and non teaching employees. The employee s contractual provisions relating to pay and benefits are suspended during parental leave. The employee is entitled to benefit from any contractual terms she/he has in relation to being given notice, redundancy compensation and disciplinary and grievance procedures. During parental leave the employee remains bound by his/her obligations of good faith, as well as any contractual terms relating to the giving of notice, disclosure of confidential information, acceptance of gifts and benefits and freedom to participate in another business/work elsewhere. Informing EPM Payroll that an employee will be taking unpaid parental leave The person responsible for entering the monthly absences through EPM s Payroll Portal will need to record the dates on which pay is to be deducted in respect of any unpaid parental leave. The absence category to select is UPL (Unpaid Parental Leave). Your EPM Payroll Administrator will then deduct the specified daily rate from the employee s salary, in respect of any post(s) that would normally be worked on the day/s that the leave was taken. The dates entered must correspond with rules for taking parental leave, as set out in The entitlement and how it can be taken on page 2 of this guidance. The unpaid leave will then be shown on the absence reports listed under the download reports section of the portal for record keeping purposes.

6 PARENTAL LEAVE APPLICATION AND CONSENT FORM Please note that you should complete a separate form for each child SECTION A Personal Details (to be completed by the employee) Employee name:.. Address for correspondence:.. Payroll reference:. National Insurance No. Name of school/academy employer:. Post title/s: SECTION B Details of previous employment Previous employer s name and address: Start date with previous employer:. Date employment ceased: (If you have taken parental leave with more than one previous employer please provide their details on a separate sheet and attach.) I confirm that I have taken weeks or where the child has a disability...days parental leave with previous employers in respect of this child. SECTION C Details of eligibility 1. Details of Child leave is being requested for Name of Child:.. DOB of child: Child receives Disability Living Allowance: Yes No Please tick 2. If you are not named on the birth certificate please confirm which of the categories set out below you fall into: Category Please tick as appropriate A father who was married to the mother at the time of birth A parent who has acquired parental responsibility under the Children Act 1989 A guardian appointed under section 5 of the Children Act An adoptive parent 3. I attach copies of the following (please tick as appropriate): child s birth certificate

7 adoption papers guardianship papers court order disability living allowance award (Benefits Agency Letter/Bank Statement) child benefit allowance award (Benefits Agency Letter/Bank Statement) as evidence that child resides with me SECTION D Declaration My parental leave year starts on date: (Please see The entitlement and how it can be taken ) I confirm that all of the details I have provided are accurate. I understand that any false information that I give on this form may result in disciplinary proceedings being taken against me. Print name:... Signed:.Date: Please return this form to the Headteacher / Principal SECTION E Confirmation of eligibility by Headteacher / Principal 1. Details in Section A verified as correct: yes no 2. Child s birth certificate and other appropriate papers seen and verified: yes no Signed:.. Date:. Headteacher / Principal This form should be retained on the employee's personnel file. SECTION F Leave request and authorisation record Dates of leave requested: from / to Number of weeks (days/ hours if child has a disability) Date requested Approved by Headteacher / Principal

8 APPENDIX 2 STATUTORY UNPAID EMERGENCY DEPENDANTS CARE LEAVE GUIDANCE NOTE Scope The following sets out the right to emergency dependants care leave which is applicable to all employees in accordance with the Employment Rights Act. There is no service requirement in respect of this entitlement. Eligibility The employee must: Tell the employer the reason for their absence as soon as reasonably practicable; and except where the above cannot be complied with until after the employee returns to work; Tell the employer how long they expect to be absent The dependant must be the employee s: Spouse or civil partner; Child; Parent; Someone who lives in the same household as the employee but who is not their employee, tenant, lodger or boarder; or Someone who reasonably relies on the employee either for assistance on an occasion when they fall ill or is injured or assaulted, or to make arrangements for the provision of care in the event of illness or injury. Where the time off relates to unexpected disruption or termination of arrangements for the care of a dependant, then a dependant will also include any person who reasonably relies on the employee to make arrangements for the provision of care. This last category of dependant may cover a situation where the employee is the primary carer or is the only person who can help in an emergency. References to illness or injury include mental illness or injury. The timing of emergency dependants care leave An employee is entitled to take a reasonable amount of unpaid time off during their working hours in order to take action which is necessary: To provide assistance on an occasion when a dependant falls ill, is giving birth, or is injured or assaulted; To make arrangements for the provision of care for a dependant who is ill or injured; As a result of the death of a dependant;

9 Because of the unexpected disruption or termination of arrangements for the care of a dependant; or To deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment, which the child attends, is responsible for them. The duration of emergency dependants care leave The duration of the leave is such as is reasonable in order to take action that is necessary to deal with one of the specified events above. Reasonable time off in relation to a particular problem will not normally be more than one day. However, each set of circumstances should be considered on their own facts. The right is intended to cover usually unforeseen and emergency situations, and is not for time off for the on-going care of dependants. If for example a dependant is unwell and requires ongoing care, an employee is not entitled to time off to look after them beyond responding to an emergency of whilst making longer term arrangements for their care. In circumstances where dependant care leave is not sufficient, an employee should discuss the issues with their Headteacher. Managing emergency dependants care leave Schools and academies may determine a policy in respect of dependants care leave that provides for more than the statutory minimum requirement. The policy may be incorporated into the school s / academy s Special Leave of Absence Policy, and may include a number of days paid leave; in some circumstances a mutual agreement may be reached whereby an employee works at a different time to make up any hours lost. The application of any such policy and the granting of the statutory right should be managed consistently in respect of all employees, and with due regard to the Equality Act and the Public Sector Equality Duty. There is no limit to the number of occasions on which the leave may be taken, however if leave is persistently taken for the same reason a Headteacher may wish to consider the reasonableness of this. If an employee fails to notify the Headteacher / Principal when this could have been reasonably expected, or to provide a reason for their absence, the Headteacher /Principal may consider the absence to be unauthorised and manage the absence accordingly. It is anticipated that the meaning and scope of the terms including reasonable will be considered by employment tribunals in due course. An employee may present a complaint to an employment tribunal that their employer has unreasonably refused to permit them to take leave as required by the Act.

10 Pension and employment rights during leave The employee should contact their pension scheme directly, to ascertain their pension rights during unpaid leave and to make any necessary arrangements. The provisions in respect of the Local Government Pension Scheme and the Teacher s Pension Scheme differ. An employee who takes emergency dependants care leave has the right not to be dismissed or subjected to any other detriment by reason of taking the leave. Continuous service will continue to accrue during the leave for both teaching and non teaching employees. Informing EPM Payroll when an employee has taken unpaid emergency dependants care leave The person responsible for entering the monthly absences through EPM s payroll portal will need to record the dates on which pay is to be deducted in respect of any unpaid dependants care leave. The absence category to select is UPL (Unpaid Parental Leave). Your EPM payroll administrator will then deduct the specified daily rate from the employee s salary, in respect of any post(s) that would normally be worked on the day that the leave was taken. The unpaid leave will then be shown on the absence reports listed under the download reports section of the portal for record keeping purposes. Date of Policy: July 2008 Reviewed: February 2016 Next Review: February 2018 Monitored by: Personnel Committee