Leave Plicy and Flexible Wrking Guidance 1. INTRODUCTION AND PURPOSE 1.1. The prvisins utlined in this plicy serve as a guide t managers acrss NHS Prtsmuth Clinical Cmmissining Grup ( The CCG ), in determining fair and reasnable practices in the prvisin f leave and guidance fr managers and emplyees cnsidering flexible wrking arrangements, and the respnsibilities f either party. Special leave may be defined as leave given in additin t annual leave and may be paid r unpaid. 1.2. The plicy aims t maintain cnsistent management practice. This may nt entail identical decisins in all cases, as each individual case will be assessed accrding t circumstances. 1.3. The CCG believe, as an rganisatin cmmitted t prviding equal pprtunities fr all, it shuld supprt flexible wrking practices. It seeks t help emplyees balance the demands f dmestic and wrk respnsibilities, particularly at times f urgent and unfreseen need, prviding paid r unpaid leave as apprpriate. 1.4. Where pssible, a flexible apprach will be adpted t enable staff t meet these different demands. This will nly be achieved if staff make reasnable and respnsible requests and are flexible in using annual leave where circumstances allw. 1.5. With regard t flexible wrking, the guidance utlines a fair, equitable and cnsistent apprach twards the cnsideratin f flexible wrking requests in line with the wrking arrangements f the whle team, and the verall service and business needs 1.6. This prcedure des nt frm part f yur cntract f emplyment and it may be amended frm time t time. We may als vary parts f this prcedure, including any time limits, depending n the circumstances f particular cases 2. SCOPE 2.1. This plicy will be applied t all emplyees and cvers the prvisin f paid r unpaid leave requested under the fllwing categries: Annual leave Cmpassinate Leave Carer Leave Special Leave (where Carer Leave isn t apprpriate) Special Leave fr Public Duties Flexible Wrking requests and arrangements Leave in relatin t Reserve Frces deplyments 2.2. All frms f leave r Flexible Wrking shuld be reprted and authrised using the applicatin frms fund in Appendix A, B and C
2.3. The scpe f the plicy allws fr leave t be granted at the discretin f the manager paid leave (ther than cntractual paid annual leave) shuld nt be regarded as an autmatic entitlement. 2.4. If leave is requested at shrt ntice, every effrt shuld be made t cver the individual cncerned during a time f crisis, but managers must be aware f safe staffing levels and take decisins accrdingly. 2.5. Anyne can request t wrk flexibly but t have statutry eligibility t have the right t request and t apply fr a flexible wrking arrangement, the applicant must be an emplyee (with a cntract f emplyment; agency wrkers are nt eligible). Furthermre, the emplyee must: Anyne wh has caring respnsibilities fr anther persn (child r adult) has the legal right t ask fr flexible wrking have wrked fr their emplyer fr 26 weeks cntinuusly at the date that the applicatin is made nt have made anther applicatin t wrk flexibly under the right t request flexible wrking during the past 12 mnths. 2.6 The request t wrk flexibly under this guidance des nt cver infrmal arrangements made n an ad-hc basis (i.e. fr shrt term changes cvering a perid f ne r tw days r use f shrt ntice annual leave requests, please refer t leave plicy). 2.7 Where there is reasn t grant shrt term changes t wrking patterns t cver a fixed and defined perid f change in the emplyees situatin, the ptins available shuld be discussed by the manager and the emplyee and agree a timescale fr the change, cnfirming all arrangements in writing with the emplyee. Under these circumstances the wrking pattern shall return t its nrmal frm fllwing the fixed perid stated. If the change in wrking pattern needs t be extended fr an indefinite amunt f time then it shall be subject t this guidance and prcess, this includes the request t wrk frm hme. 2.8 Flexible wrking arrangements will need t be reviewed n a peridic basis by the emplyer and the emplyee in line with changing business needs r persnal situatins. A review f existing flexible wrking arrangements shuld frm part f the appraisal prcess at least annually, but may be reviewed between appraisals if the need arises. The rganisatin has a right t review the flexible wrking arrangements in line with changing business needs, and the emplyee can request a review r indicate if a flexible arrangement put in place, is n lnger required due t a change n circumstances r there has been a change in persnal circumstance. 2.9 Flexible wrking arrangements d nt autmatically transfer with an emplyee frm rganisatin t rganisatin, staff beginning their emplyment with the CCG and requiring flexible wrking arrangements will need t make a request fr thse flexible wrking arrangements when they begin their emplyment with the rganisatin. 1
3. RIGHT OF APPEAL 3.1. Any appeals arising frm a manager's decisin in relatin t leave shuld be made thrugh the Grievance Prcedure. 4. ANNUAL LEAVE 4.1. Emplyee s entitlement t annual leave will be in accrdance with Agenda fr Change terms and cnditins f service and depend n their length f service. On appintment 27 days plus 8 bank hlidays After 5 years service 29 days plus 8 bank hlidays After 10 years service 33 days plus 8 bank hlidays 4.2. Any requests fr annual leave must be made t the emplyee s manager n the apprpriate frm, appendix A and giving as much ntice as pssible. 4.3. The manager needs t give due cnsideratin t the needs f the service and ensure adequate staffing levels in deciding whether t authrise the leave requested. 5. COMPASSIONATE LEAVE 5.1. This is intended t prvide a cmpassinate respnse t cases f urgent dmestic distress such as bereavement r serius illness in the immediate family. The immediate family will include: Child Partners (including same-sex partners) Parents Parents f partner (I.e in-laws if the emplyee is respnsible fr funeral arrangements) Siblings Step families 5.2. Leave fr bereavements beynd the list abve (i.e. grandparents, clse friends r extended family) will be reviewed and usually be based n whether there were exceptinally clse links. 5.3. The manager has the discretin t grant paid leave, nrmally up t 3 days in any leave year, hwever, in exceptinal circumstances, the manager has the discretin t extend this t a maximum f 5 days paid leave. Any further leave may be granted at the managers discretin in liaisn with HR. 5.4. If it is nt apprpriate t take cmpassinate leave then annual leave r unpaid leave may be utilised in agreement with the manager. 5.5. In all cases, managers shuld assess the individual circumstances f the request fr leave and cnsider the levels f stress experienced by the member f staff and whether it is likely t affect his/her wrk. Advice shuld als be taken frm the Human Resurces team if necessary. 2
5.6. Where a member f staff is requiring time ff ver a lnger perid f time the manager may cnsider a change in wrking hurs in discussin with the individual, n either a temprary r permanent basis. 6. CARER LEAVE 6.1. This prvisin is intended fr circumstances where individuals with parental r carers status f dependants face immediate and unexpected prblems in their caring arrangements e.g. dependant is sick, unexpected clsure f nursery, schl r care hme. 6.2. A dependant wuld nrmally be classified as a persn living in the same husehld as the persn prviding care, including spuse, partner, parent, child, smene wh lives as part f the family unit, r reasnably relies upn the emplyee as their carer. 6.3. Managers shuld assess individual circumstances during times f dmestic difficulty and have the discretin t grant leave with pay (up t a maximum f 3 days in a leave year). In exceptinal circumstances, a further perid f unpaid leave may be granted. 6.4. It is recgnised that staff may need t take leave at shrt ntice in rder t care fr a dependant wh is suffering frm a cmmn ailment and therefre may nt be able t use the nrmal care arrangements in place. Where pssible, staff are encuraged t make alternative care arrangements and a manager shuld grant paid carer leave in rder fr these t be made. It is imprtant that staff members are nt cmpelled t take sick leave t care fr a sick dependant when they are fit fr wrk and therefre an pen discussin with the manager in these situatins is encuraged. If alternative arrangements can t be made then the manager has the discretin t allw annual leave, time ff in lieu r grant a perid f unpaid leave. Staff shuld als take int accunt the ptential need t take leave in these circumstances and shuld be encuraged t plan their annual leave accrdingly. 6.5. Fr part time staff, carer leave shuld be granted n a pr rata basis depending n the number f days wrked in a week. 6.6. There is n requirement that the requested leave shuld be taken cnsecutively. The manager and member f staff shuld agree a pattern which allws fr apprpriate cver. 6.7. Fr lnger term carer demands the member f staff cncerned shuld discuss ther ptins with their manager including unpaid leave, parental leave r a temprary change t wrking hurs. 7. SPECIAL LEAVE FOR DOMESTIC EMERGENCIES 7.1. The CCG recgnises that emplyees ccasinally have t respnd t dmestic emergencies (which are nt relates t carer leave). Managers may therefre, at their discretin, grant special unpaid leave under these circumstances. 3
7.2. Special leave fr emergencies may be used during times f unfreseen dmestic crisis when carer leave is nt applicable, fr example when dealing with a burst water pipe r when a burglary r fire has ccurred. 7.3. Where staff have t take emergency leave due t a persnal crisis which may invlve dmestic vilence r abuse, the CCG will supprt the individual in line with the NHS Dmestic Abuse pledge and special leave may be granted. 7.4. When a member f staff is prevented frm returning t wrk due t transprtatin issues such as delayed flights r a natural disaster, unpaid leave may be granted at the manager s discretin. 7.5. Managers shuld assess individual circumstances during times f emergency and have the discretin t grant leave, which wuld nrmally be withut pay. Depending upn the emergency this shuld nt nrmally be mre than ne day and shuld nt exceed mre than 3 days in any leave year. 7.6. Staff and managers shuld agree hw this time may be made up, r ntify payrll if pay is t be deducted. 8. SPECIAL LEAVE FOR PUBLIC DUTIES INCLUDING FOR RESERVE FORCES 8.1. Staff undertaking essential civil r public duties are entitled t paid leave in respect f specific activities. Als included in these guidelines are duties r activities fr which it is cnsidered paid time ff shuld be allwed, althugh there is n legal requirement t give it. 8.2. The CCG wish t allw the widest pssible discretin when faced with requests fr leave therefre nly indicative amunts f leave with pay that may be agreed fr each duty r activity have been stipulated. 9. SPECIAL LEAVE PROCEDURE 9.1. Any member f staff wishing t participate in any f the duties/activities entitling special leave shuld discuss their wishes with their manager befre cmmitting themselves. Entitlement t paid leave culd be affected if this prcess has nt been undertaken. 9.2. Where absence n a public duty r activity wuld cause cnsiderable disruptin t a department, with the exceptin f Jury Service, the manager has the right t refuse permissin fr special leave with r withut pay. In ding s the manager must ensure that any decisin t refuse permissin is reasnable in all circumstances. 9.3. Managers shuld ensure that the emplyee s persnal file cntains a recrd f the request fr Special Leave, the date granted r refused, the amunt agreed if any, and any special cnditins agreed with the manager in respect f that duty r activity. 9.4. Managers have discretin t increase the amunt f paid r unpaid leave fr any f the duties r activities utlined in this sectin in cnsultatin with the individual. 4
9.5. Decisins t increase the amunt f special leave granted will be dependant n the exigencies f the Service, i.e. the size and/r efficiency f the Department and the availability f adequate cver arrangements. If the request fr an increase in time ff fr special leave is declined the manager must ensure their decisin is reasnable in all circumstances. 9.6. Individuals granted special leave t undertake public duties r activities shuld prvide their manager with an utline f their expected invlvement thrughut the year t enable their absence t be planned within the leave rster and shuld nly be granted in respect f time when the emplyee wuld nrmally be at wrk. 9.7. If permissin t undertake a public duty r activity is unreasnably refused, the emplyee may raise a grievance. 9.8. If paid leave is granted and a daily fee is payable then this must be remitted t the rganisatin. Members f staff wh wish t apply fr Special Leave shuld cmplete the applicatin frm at Appendix A. This shuld be authrised by the manager and cpies frwarded t the Payrll and HR team. Managers shuld retain a cpy fr the persnal file. 10. DUTIES AND ACTIVITIES FOR WHICH SPECIAL LEAVE MAY BE GRANTED 10.1. Staff requesting special leave fr the fllwing duties r circumstances may be granted leave as indicated. Managers have discretin t grant paid r unpaid leave in excess f the amunt stipulated in cnsultatin with the individual. Type f Special Leave Indicative Levels f Paid Leave Per Year Curt Attendance as a Witness As required Jury Service 2 weeks Training with Reserve & Cadet Frces 1 week * Witness in In Huse Appeal Hearings As required Service as Magistrate 10 days r 20 half days 10.2. In ther circumstances nt utlined abve, paid r unpaid leave may be allcated at the discretin f the manager in cnsultatin with Human Resurces Team. * Training with the Reserve r Cadet Frces Reasnable unpaid leave will be made available t reservists t attend annual camp r equivalent cntinuus training. Additinal unpaid leave r annual leave frm the emplyee s nrmal annual allcatin may be granted fr shrt perids f training prvided adequate ntice is given. Mbilisatin is the prcess f calling reservists int full-time service. Where an emplyee is subject t cmpulsry mbilisatin r wishes t vlunteer fr mbilisatin he r she shuld nrmally give 28 days ntice t their manager. The CCG will cmply with the relevant legislatin where ntice is nt pssible. Mbilisatin will nrmally be fr between 3 and 12 mnths. 5
Where an emplyee is absent frm wrk fllwing mbilisatin the service will be cnsidered cntinuus and an emplyee will nt be penalised if it cincides with their pay band gateway. This wuld be cmpleted n the emplyees return and backdated t the emplyee s nrmal incremental date. 10 FLEXIBLE WORKING EMPLOYEE S AND LINE MANAGER S RESPONSIBILTIES 10.1 Emplyee s respnsibilities the applicatin must be made in writing, stating it is being made under the statutry right t apply fr flexible wrking the applicatin must cnfirm the emplyee s relatinship t the child r adult the applicatin must set ut the emplyee s prpsal and explain in detail the reasns fr the applicatin, what effect the emplyee thinks this will have n the business and hw this may be dealt with t prvide a clear explanatin as t the circumstances giving rise t the request fr changes in wrking patterns under either the Statutry r Other eligibility criteria the applicatin must specify a start date fr the prpsed change giving reasnable time t cnsider the prpsal and implement it. This may take 12 14 weeks the applicatin must state whether a previus applicatin has been made and if s the date n which it was made the applicatin must be dated. 10.2 Line Manager s respnsibilities T arrange a meeting with the emplyee within 28 days f receiving the applicatin t discuss the request. This meeting is nt required if the manager agrees t the terms f the applicatin and ntifies the emplyee accrdingly within 28 days f receiving the applicatin allw the emplyee t be accmpanied by a staff side representative r wrkplace clleague if they s wish ntify the emplyee f their decisin within 14 days f the date f the meeting. This ntificatin will include: either accept the request and establish a start date and any ther actin r cnfirm a cmprmise agreed at the meeting, r reject the request and set ut clear business reasns fr the rejectin tgether with ntificatin f the appeals prcess arrange t hear the emplyee s appeal within 14 days f being infrmed f the emplyee s decisin t appeal. The emplyee must be allwed t be accmpanied by a staff side representative r wrkplace clleague if they s wish ntify the emplyee f the decisin n the appeal within 14 days after the date f the meeting. The ntificatin will either: uphld the appeal, specify the agreed variatin and start date r dismiss the appeal, state the grunds fr the decisin and cntain a sufficient explanatin f the refusal. 6
10.3 Refusal f a Flexible Wrking Request A flexible wrking request may be refused, fr example, n ne r mre f the fllwing business related reasns (this list is nt exhaustive): Burden f additinal csts; Detrimental effect n the ability t meet custmer demand; Inability t rerganise wrk amng existing staff Inability t recruit additinal staff; Detrimental impact n quality; Detrimental impact n perfrmance; Insufficiency f wrk during the perids the applicant prpses t wrk; Planned structural changes. The reasn fr refusal must als ensure that it cmplies with the Equality Act (2010), s as nt discriminate n the grunds f sex, and als ensure cmpliance with the emplyees Parental respnsibilities/rights at wrk. 11 FLEXIBLE WORKING OPTIONS 11.1 Flexible wrking incrprates a wide variety f wrking practices that are different frm standard practice. In many cases, flexible wrking practices will be individually tailred t suit the needs f the individual and the department. 11.2 There are many different types f flexible wrking arrangements, which include the fllwing; hwever these examples are nt exhaustive, all f which will require agreement frm the rganisatin: part-time wrking, where a persn wrks t a pattern and number f hurs by mutual agreement jb sharing, where tw r mre peple share the respnsibilities f ne r mre full-time jb(s), dividing the hurs, duties and pay between them flexi-time, where emplyees can chse their wn start and finish time arund fixed cre hurs (but maintains the full wrking hurs within their cntract) annual hurs cntracts, where peple wrk a specific number f hurs each year, with the hurs being unevenly distributed thrughut the year flexible rstering, using perids f wrk f differing lengths within an agreed verall perid term-time wrking, where peple wrk during the schl term but nt during schl hlidays hme wrking, where peple wrk frm hme fr all r part f their hurs with a cmputer r telecmmunicatin link vluntary reduced wrking time, where peple wrk reduced hurs by agreement at a reduced salary fixed wrk patterns, where, by agreement, days ff can be irregular t enable, fr example, access by separated parents t their children and flexible rstering 7
11.3 Any f the abve may be agreed as part f infrmal, ad-hc r shrt term measures t cver a sudden and shrt term change in circumstances fr the emplyee (i.e. such as time needed fr servicing r repair f dmestic equipment). Whilst these will nt be subject t the full cnsideratin f this prcess, these must be agreed with the line manager and a fixed perid f time agreed, with nrmal wrking patterns resumed fllwing this perid. 11.4 Any ad-hc arrangements required (fr very shrt perids f time, r sudden changes in need) must be frmally apprved by the line manager, and staff are required t seek permissin befre making any ad-hc changes t their wrking patterns. This shuld be frmally recrded and the nature f the change shuld be cnsidered in terms f impact n the team, service and ability t deliver the business, as much as the individuals wn needs. Plicy Apprved by: Frmal Clinical Executive Date: 21 May 2014 Review: 3 Years Plicy Owner: Chief Operating Officer 8
Appendix A ANNUAL LEAVE REQUEST FORM PART A T be cmpleted by emplyee and passed t manager fr agreement Name: Department: Type f Leave Requested: Number f Days/Hurs Requested Frm: T: Office use: Date entered n recrd Annual Leave Entitlement fr the year Balance f Days/Hurs left after abve subtracted. PART B T be cmpleted by Manager, recrded n Persnal Card and returned t Emplyee Return t: Dates requested/apprved: I d/d nt agree t this leave being taken Signature: Designatin: Recrded n Persnal Card by: Date: Balance f annual leave days/hurs 9
Appendix B Applicatin fr Special Leave Part 1 t be cmpleted by member f staff Name: Wrk Address: Directrate: Payrll Number: (n payslip) Band: Date Emplyment cmmenced: Please indicate the type f special leave requested: Cmpassinate Leave Carer Leave Special leave fr public duties Please prvide further details f the type f leave requested: Start and end date f leave Ttal number f days taken Paid/Unpaid Further Infrmatin: Signed: Manager frward frm t payrll if leave is unpaid Date: Part 2 - t be cmpleted by line manager I certify that, t the best f my knwledge, the details utlined abve are crrect and have been agreed. Signed: Print Name: Date: Please submit a cpy f this frm t the Human Resurces team. 10
Appendix C: APPLICATION FORM FOR FLEXIBLE WORKING 1. Persnal Details Name Jb rle Manager Emplyee Assignment Number (n pay slip) Department 2. Eligibility Please cmplete either Sectin 2a r Sectin 2b belw, as applicable. 2a. Statutry Eligibility I wuld like t apply t wrk a flexible wrking pattern that is different t my current wrking pattern, under my legal right t request flexible wrking. I cnfirm I meet the statutry eligibility criteria as fllws: Please tick belw as apprpriate I have parental respnsibility fr the upbringing f a child under 17 years f age r a disabled child under 18. AND I am the mther, father, adpter, guardian, special guardian r fster parent f the child; r I am the spuse t, r the partner r civil partner f, the child s mther, father, adpter, guardian, special guardian r fster parent. [ ] AND I am making this request t help me care fr the child. I am, r expect t be, caring fr an adult. AND I am the spuse, partner, civil partner r relative f the adult in need f care; r I am nt the spuse, partner, civil partner r relative f that adult, but live at the same address. [ ] AND I am making this request t help me care fr the adult in need f care. I am an emplyee and have wrked cntinuusly fr the Organisatin fr the last 26 weeks I have nt made a request t wrk flexibly under the statutry right t request flexible wrking and the Organisatins Guidance fr Flexible Wrking Arrangements during the past 12 mnths. If a previus applicatin t wrk flexibly has been made, please prvide the date: 2b. Other Eligibility I wuld like t apply t wrk a flexible wrking pattern that is different t my current wrking pattern. I cnfirm: I am an emplyee and have wrked cntinuusly fr the Organisatin fr the last 26 weeks I have nt made a request t wrk flexibly under the Guidance fr Flexible Wrking Arrangements during the past 12 mnths. If a previus applicatin t wrk flexibly has been made, please prvide the date: [ ] [ ]... [ ] [ ] 11
If yu have indicated in Sectin 2a yu have statutry eligibility t apply fr flexible wrking, yur applicatin will be dealt with in the statutry timescales utlined within the Organisatins Guidance fr Flexible Wrking Arrangements (r these may be extended by agreement by bth parties). If yu have indicated in Sectin 2b yu have ther eligibility yur applicatin will be dealt with within the statutry timescales utlined within the Organisatins Guidance fr Flexible Wrking Arrangements, hwever the Organisatin reserves the right nt t be bund by these, and t extend these timescales within reasn. Any amendments will be put in writing t yu. 3. Current wrking pattern and prpsed flexible wrking arrangement. ALL applicants must cmplete the fllwing sectins. 3a. The reasns fr my request t wrk flexibly are as fllws (please cntinue n a separate sheet if necessary): 3b. Describe yur current wrking pattern (days/hurs/time wrked): 3c. Describe the wrking pattern yu wuld like t wrk in the future (days/hurs/times wrked): 3d. Impact f the new wrking pattern I think this change in my wrking pattern will affect my emplyer and clleagues as fllws: 3e. Accmmdating the new wrking pattern I think the effect n my emplyer and clleagues can be dealt with as fllws: 12
3f. I wuld like this new wrking pattern t cmmence frm: Date: I understand that if my request is agreed this will result in a permanent change t my cntract f emplyment, and I have n right in law t return t my previus wrking pattern. Signed: Name (printed): Dated: Signature f Line Manager: Fr Line Manager use nly: Date received: Please return the cmpleted frm t yur Line Manager ------------------------------------------------------------------------------------------------------------------------- Cut this slip ff and return it t yur emplyee in rder t cnfirm yur receipt f their applicatin Emplyer s Cnfirmatin f Receipt (t be cmpleted and returned t emplyee) T: I cnfirm that I received yur flexible wrking applicatin frm t request t change yur wrk pattern n date: Based n the assessment f yur applicatin, against the team arrangements, service and business needs:- If yur prpsed flexible wrking pattern can be easily accmmdated by the team, service and business, I will ntify yu f this, in writing, within 28 days f receiving yur applicatin; r If yur prpsed flexible wrking pattern and requires further discussin in terms f ptentially hw and whether this can be accmmdated this within the team, service and business, I will arrange a Flexible Wrking Request Meeting t discuss yur applicatin within 28 days f receiving yur applicatin. At this meeting, yu have the right t be accmpanied by a recgnised staff side representative r a wrkplace clleague f their chice. Frm (signed Line Manager): Dated: 13