Special Leave Policy NORTHERN IRELAND PRACTICE AND EDUCATION COUNCIL FOR NURSING AND MIDWIFERY - May 2012 Review date: May 2014

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Special Leave Policy NORTHERN IRELAND PRACTICE AND EDUCATION COUNCIL FOR NURSING AND MIDWIFERY - May 2012 Review date: May 2014
NIPEC/12/07

NORTHERN IRELAND PRACTICE AND EDUCATION
   COUNCIL FOR NURSING AND MIDWIFERY

        Special Leave Policy

                May 2012

          Review date: May 2014

                                         Centre House
                                   79 Chichester Street
                                            BELFAST
                                              BT1 4JE

                                  Tel: (028) 9023 8152

                                   www.nipec.hscni.net
1.    INTRODUCTION
1.1   Departmental Circulars and legislation requirements, such as Industrial Relations (No. 2)
      (Northern Ireland) Order 1976, govern the granting of special leave for various purposes.
      The Northern Ireland Practice and Education Council for Nursing and Midwifery (NIPEC)
      will make available special leave arrangements, with pay, to staff required to be absent
      from duty for various purposes including essential civic and public duties.

1.2   Reasonable leave with pay shall be made available in the following circumstances upon
      receipt of advice from Human Resources, Business Services Organisation (BSO):

      •   absence from duty following confirmed contact with a notifiable disease
      •   training with the reserve and cadet forces, RIR and PSNI reserve; other voluntary
          organisation, RNLI Mountain Rescue Service
      •   attendance at meetings of Health and Social Services Councils - up to 3 days’ paid
          leave
      •   magisterial duties - up to 10 days special leave on the understanding that any fees or
          payments will be paid to NIPEC. No travel expenses subsistence allowance will be
          paid by NIPEC
      •   employees seeking election to local Council/NI Assembly/Parliament - an employee
          who is officially standing as a candidate at a local Council/NI Assembly/Parliamentary
          election will be granted up to four weeks special leave without pay to facilitate their
          candidature
      •   engagement in trade union activities
      •   membership of Board of Governors or Government funded organisations - up to 10
          days paid leave in any year subject to the exigencies of the service and to an
          understanding that the employee will pass any fees or payments (minus tax) received
          for the attendance to NIPEC - further leave may be granted subject to the needs of the
          service by the Chief Executive/Director.

1.3   Further examples of special leave with pay include:

      •   Marriage Leave – 3 days’ special leave with pay
      •   Jury Service – officers who are called for jury service will be granted leave with pay on
          the basis that the officer is required to pass any court fees, apart from travelling
          expenses, to NIPEC
      •   Court witness – an officer who attends court as a witness with the consent of NIPEC or
          on foot of a subpoena or witness summons or other legal obligation, will be granted
          leave with pay on the basis that the officer is required to pass any court fees, apart from
          travelling expenses, to NIPEC. It should be noted that an officer will not be entitled to
          time off for attendance at court if such appearance is personally instigated.

1.4   A separate policy is in place regarding Adoption Leave and further guidance can be sought
      from the BSO Human Resources Directorate.

In all instances, applications for special paid leave should be made using the appropriate
form (see Appendix 1) to the line manager in advance of the leave requested.

2.    COMPASSIONATE LEAVE
2.1   Compassionate Leave is available to those staff who have, for example, a spouse, partner,
child, parent/guardian, or someone for whom they have direct live-in caring responsibilities
      who is suffering from an illness or condition which has been diagnosed as either critical, in
      the short term, or terminal.

2.2   Senior managers should look at each individual case and take account of all prevailing
      circumstances, eg. prognosis of illness, other family support, emotional condition of
      member of staff, changes which could be made to current working arrangements etc, and
      make a judgement as to what will best meet the needs of both the organisation and
      member of staff.

2.3   Each situation will be very different, and both manager and member of staff should try to
      reach agreement. This should ensure that the needs of the individual are treated
      sympathetically and that the business/operational requirements of the directorate/section
      are not compromised/ disadvantaged.

2.4   As this type of leave is designed to enable staff to cope with unplanned and unforeseen
      demands on an individual, entitlement will range from one half day to up to 18 days per
      year. However, no one period should exceed six days and is available up to three times
      per year. Staff members wishing to be granted compassionate leave should ensure that
      their line manager is advised promptly of any domestic difficulties they are experiencing.
      The period of leave should be agreed with the line manager at the time of the first request
      for leave.

3.    BEREAVEMENT LEAVE
3.1   Bereavement leave is available to those staff who are bereaved through the death of a
      relative or partner. Whilst it is difficult to assess how the death of someone close to us will
      affect each of us, this policy is to help ensure that staff are treated with sympathy and
      consistency at difficult times. The table below sets out a list of the maximum number of
      days available to staff.

                 Nature of relationship                              Maximum
                                                                     number of
                                                                     days
                 Spouse                                                   6
                 Partner                                                  6
                 Child                                                    6
                 Parent/guardian                                          6
                 Direct live-in caring responsibilities                   3
                 Sibling                                                  3
                 Grandparent/grandchild                                   1
                 Uncle/aunt                                               1
                 Cousin                                                   1
                 Nephew/niece                                             1
                 Father/mother/brother/sister/son/daughter of             1
                 spouse/partner

3.2   An employee who intends to make use of Bereavement Leave should ensure that their line
      manager is advised of the situation as soon as is practicable.
4.    LEAVE FOR ATTENDANCE AT FUNERALS
4.1   In the event of the death of a close friend or a particular relationship not covered under
      bereavement leave, staff may be given time off work to attend funerals, subject to the
      needs of the service. This time should not exceed 2.5 hours away from the office for local
      funerals.

      Where funerals require a substantial part of that time being taken up with travelling, staff
      should discuss this with their manager and agree a reasonable time allocation. Staff may
      be given no more than 4 hours off for non-local funeral attendance and should take further
      time off through flexi-time or annual leave arrangements.

4.2   In the event of the death of a colleague or member of a colleague’s immediate family,
      managers will ensure that there is sufficient departmental representation at the funeral and
      time available as per the entitlement outlined above. Colleagues may insert
      commiserations on a personal basis into local newspapers, however, not normally on
      behalf of NIPEC.

5.    CARER’S LEAVE

5.1   Carer’s leave is short-term leave, with pay, to facilitate staff who have caring
      responsibilities to manage emergency, unplanned, short-term problems. The needs
      covered include:

      •   Illness of a child, close relative or partner (immediate family or dependants)
      •   Breakdown of normal care arrangements where no or very short notice has been
          given.

5.2   Carers’ leave is not appropriate when people have been given notice that their current,
      normal caring arrangements are going to be interrupted. Carers’ leave is not suitable for
      those carers who wish to accompany children or adults to hospital appointments which
      have been planned or to be with them after planned (elective) operations. Annual leave
      should be used for these events.

5.3   Staff are entitled to up to a maximum of 12 days carer’s leave per annum. However, no
      period of carer’s leave should exceed three days.

5.4   Staff wishing to take carer’s leave should ensure that their line manager is advised
      promptly of any difficulties they are experiencing in their care arrangements and that they
      wish to make an application to take time off under this particular policy. The period of
      leave must be agreed at the initial stages with the line manager and at the time of the first
      notification of the difficulty.

5.5   Carer’s leave will not be available retrospectively in any circumstances.

6.    PARENTAL LEAVE
6.1   Parental leave is provided to enable employees to take time off work to look after a child or
      make arrangements for a child’s welfare. Staff must have 1 year’s continuous service to
      apply for this leave.

6.2   Parental leave is unpaid leave for a maximum period of up to 13 weeks up until a child’s
14th birthday. If the child is disabled, 18 weeks unpaid leave can be taken up until the
      child’s 18th birthday. A maximum of 4 weeks leave can be taken in any 52-week period.

6.3   Further guidance on this type of leave can be sought from the BSO Human Resources
      Directorate.

7.    PATERNITY LEAVE

7.1   Paternity Leave (also called Maternity Support) allows employees 2 weeks’ paid leave, and
      applies to biological and adoptive fathers, nominated carers and same sex partners.

7.2   To qualify, employees must have over 1 year’s continuous service at the beginning of the
      week in which the baby is due.

7.3   Employees should complete form SC3 ‘Becoming a Parent’ at least 28 days before they
      want the parental leave to start. Leave should be taken in a continuous block but may be
      split over a specific period with the agreement of the line manager in advance of the leave
      commencing.

7.4   Reasonable time off to attend ante-natal classes will also be given.

7.5   Employees who are not eligible for Paternity Leave under the above terms may still be
      entitled to Statutory Paternity Pay (SPP) subject to the qualifying conditions. The rate of
      SPP is the same as Statutory Maternity Pay (SMP).

8.    EXCEPTIONAL LEAVE
8.1   Exceptional leave for any other circumstances not covered in any of the above types of
      leave may be granted (with or without pay) at the discretion of the line manager who will
      liaise with NIPEC’s Chief Executive and the BSO Human Resources Directorate.

9.    UNPAID LEAVE
9.1   It should be noted that if an officer avails of unpaid leave, this will result in their annual
      leave entitlement being reduced.

10.   ATTENDANCE AT JOB INTERVIEW
10.1 Staff applying for jobs within the Health and Social Care (NI) will be granted time off with
     pay to attend for interview subject to the exigencies of the service.

11.   EQUALITY AND HUMAN RIGHTS SCREENING
11.1 This policy has been screened for equality implications as required by Section 75 and
     Schedule 9 of the Northern Ireland Act 1998. Equality Commission guidance states that
     the purpose of screening is to identify those policies which are likely to have a significant
     impact on equality of opportunity so that greatest resources can be devoted to these.

11.2 Using the Equality Commission's screening criteria, no significant equality implications
     have been identified. The policy will therefore not be subject to an equality impact
     assessment.
11.3 Similarly, this policy has been considered under the terms of the Human Rights Act 1998,
     and was deemed compatible with the European Convention Rights contained in the Act.

Signed: ______________________________              Date: ______________________
         Chief Executive
APPENDIX 1

                  APPLICATION FOR SPECIAL LEAVE
Name: _________________________________________________________________

Job Title: __________________________________          Band: ________________

      TYPE OF LEAVE            DATES                           NUMBER OF
                               TO               FROM           DAYS
      Bereavement
      Carer
      Compassionate
      Parental
      Paternity
      Unpaid
      Other (please specify)

Reason for Leave:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Signature: _________________________________     Date: ______________________
            Applicant

Approved by: ____________________________      Designation: __________________
             Line Manager

Date: ________________________

Line Manager Comments:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

     COMPLETED FORMS MUST BE FORWARDED TO BSO HUMAN RESOURCES
                 DIRECTORATE FOR RECORDING ON HRMS
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