Special Leave Policy - School based staff

Transcription

1 Special Leave Policy - School based staff Adopted By: Date:. Review Date Type of Review Change in Legislation Change in Legislation Comments Implemented 1 October 2014: New right for expectant fathers and partners for unpaid time off work to attend antenatal appointments. Implemented 5 April 2015: New rights for Adoptive Parents and Parental Order Parents (surrogacy) for time of work to attend appointments Human Resources Revised:

2 1.0 Introduction 1.1 Middlesbrough Council is committed to supporting employees who have responsibilities for dependants and other commitments outside of the workplace. The council recognises that from time to time there may be occasions when employees need to take some authorised time away from work. 1.2 Special Leave requests are not an entitlement (apart from those marked with an * below) and should not be seen as a way of accruing further days leave during term time working. 2.0 Scope 2.1 All employees of the school. 3.0 Aim 3.1 To provide a framework for the Headteacher to consider special leave requests for the reasons noted below. 4.0 Policy 4.1 Subject to the needs of the school and to approval by the Headteacher leave of absence may be granted in the following instances:- Reason *Adoptive Parent Leave Statutory Right for time off work to attend adoption appointments Appointments must take place in the period of being matched with a child until the date the child joins the family. Maximum Days Allowed in any one year (April March) (pro rata for parttime) Up to 5 appointments With Pay In the case of joint adoption, only one of the adopters will be entitled to the 5 paid occasions. The other adopter will be entitled to unpaid time off to attend up to 2 adoption appointments. Annual Training Camp (TAVR, etc) Where an allowance is claimable for loss of earnings the employee should claim and pay the allowance to the school *Antenatal Appointments Statutory Right for expectant fathers/partners/parental Order Parents (surrogacy) Unpaid time off work to accompany expectant mothers to up to 2 antenatal appointments 10 Up to 2 appointments Signed declaration to be completed for all requests - 2

3 see Special Leave form HR/SCH/EP5F. In the case of surrogacy, evidence to be provided that Parental Order has been obtained/applied for. (Partner includes spouse or civil partner and a person (of either sex) in a long term relationship with the expectant mother) Bereavement (a) Immediate relative (Spouse, partner (who may be the same sex), son/daughter, brother/ sister, parent, someone who lives with employee as part of their family (excluding lodgers, boarders and pets) 5 (b) other persons Cleveland Search and Rescue Team For those employees who are members of this team and are specifically requested to attend duty 1 1 Courses, Meetings, Conferences As approved by Headteacher Driving Test (a) t allowable usually (b) Unavoidable arrangements Examinations time off relates only to courses that have been approved by the school (a) sitting an approved examination, per exam (b) study leave taken within four weeks of examination If more days are required they will be considered on an individual basis by the Headteacher Funerals Time off will be considered on an individual basis at the discretion of the Headteacher Nil Half Duration of each written exam paper Time off equal to length of exam Reasonable time off for the funeral only. Graduation, Investiture, etc. Only when the actual day is within working time and awarded to spouse, partner (who may be the same sex), son/daughter, self 1 3

4 Magistrates, Councillors, Governors and other public duties In the case of an employee who may hold positions in more than one of these categories, a limit will be applied. Moving House When date of move has been restricted to work time Preparation for Retirement For courses approved by the council attended within 12 months of retirement date Religious Festivals Assessed on an individual basis with the employee and the Headteacher Trade Union Officials Facility time. Approval by Headteacher subject to needs of the school Trade Union Activities Reasonable time at the discretion of the Headteacher Wedding/Civil Partnership (own) Only in exceptional circumstances at the discretion of the Headteacher when the wedding day takes place in working time Fostering Leave Time off will be considered for meetings related to fostering if cannot be arranged out of normal working hours Reasonable time off subject to the needs of the school 1 day in a 3 year period Duration of course 2 Reasonable Reasonable 1 Reasonable time off subject to needs of school Interviews Only when the interview date falls within the working time. The employee must produce proof of the interview. (e.g. letter inviting to interview) (a) with another Council or for posts in the maintained sector, academies (b) private sector Any more than 2 days will be at the discretion of the Headteacher. Jury Service Where an allowance is claimable for loss of earnings the employee should claim and pay the allowance to the school. 2 2 As needed 4

5 5.0 Procedure 5.1 Requests for Special Leave should be made to the Headteacher (Form HR/SCH/EP5F). The Headteacher should discuss the reason for the request with the employee to ensure a consistent approach across the school. 5.2 The Headteacher will then consider this application. In considering each individual application the Headteacher must take into account the needs of the school, the children and the curriculum. 5.3 The Headteacher must ensure that records of all leave approved are kept and days approved throughout the year are monitored. 6.0 Discretion 6.1 In determining the levels of reasonable absence where discretion exists, the Headteacher will wish to take account of other leave arrangements for the applicant. 7.0 tice 7.1 Where there is expected to be a pattern of requests for leave (e.g. public duties; examining) it is reasonable for Headteacher to request that reasonable notice (perhaps of one month, or ½ term) be given. 8.0 Term Time Leave 8.1 Holiday leave and Honeymoon leave will not be granted to those employees; teaching and support staff, whose duties relate to the presence of children and students. 9.0 Exceptional Circumstances 9.1 Advice is available from Human Resources on matters not covered by these recommendations. In order to achieve reasonable consistency of practice, it is suggested that the Headteacher contacts Human Resources for further advice as and when required Requests for periods of unpaid leave 10.1 The Headteacher may receive applications from employees for unpaid leave. The issue of whether leave is granted or not, should generally be determined by reference to this policy. However, there are occasional circumstances, usually of a personal nature, where an extended period of unpaid leave may be granted. Although it will be for the Headteacher and Governing Body to determine these applications, they may find it helpful to seek the advice of Human Resources regarding both the nature of the leave, and the conditions upon which it may be possible to grant it. 5

6 10.2 Should a period of unpaid leave be agreed the employee should be made aware of the following: That they must not take up other paid employment. Contractual entitlements and benefits will not accrue during the period of unpaid leave. For members of the LGPS: Pension contributions will not be made during the period of unpaid leave. However, employees may elect to pay these contributions on each occasion of unpaid leave. Employees who wish to purchase the amount of lost pension and make the election within 30 days of returning to work then the cost of the Additional Pension Contribution (APC) will be split between the employee and employer. The employer will pay 2/3rds of the cost, and this is known as a Shared Cost Additional Pension Contribution (SCAPC). Employees can obtain a quote and print off an application form to buy lost pension at If the employee chooses to pay back pension contributions, the employee will need to forward the application form to buy lost pension to their payroll provider who will make the appropriate deductions and forward to the Pensions Section for record to be updated. For members of the Teachers Pension Scheme: Any period of unpaid leave will not count towards reckonable service for pension purposes. Pension contributions will not, therefore, be made during the period of unpaid leave Should a period of unpaid leave be approved, Employee Services will require notification to make pay adjustments Application of Scheme 11.1 It should be recognised as a matter of principle that Governors will make every effort to adhere to the conditions relating to the special leave policy and to granting leave in accordance with this policy. However, it should also be recognised that from time to time the arrangements in school may be such that requests for leave may have to be declined in order to maintain a proper educational service Equality Statement 12.1 The Special Leave Policy must be applied fairly to all employees irrespective of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. 6