The following is an example of a Work-Life/Family-Friendly policy which is used in Islington
Council. This gives a starting point for work in this area and can be adapted by local
businesses to suit their own needs. It is for illustrative purposes only and the council
accepts no liability for the use of this information or actions taken on the basis of the
information provided.
SPECIAL LEAVE PROVISION
Revised July 2010
July 12
1
Updated July 2012
SPECIAL LEAVE
TABLE OF CONTENTS
Section
Page
1
Introduction
3
2
Relevant Factors to consider when processing requests
4
3
Levels of Authorisation
4
4
Procedure for applying for special leave
4
5
Appeals Procedure
5
6
Employee Assistance Programme
5
7
Types of Special Leave
5
7.1 Emergency Situations
5
7.2 Planned Leave
6
7.3 Exceptional Circumstances
10
7.4 Other Reasons
11
Further Information
12
Appendix 1
Application Form
13
Appendix 2
Equality Act 2010 - Disability Discrimination Guidance
14
Appendix 3
Examples of Disability Special Leave and Planned
17
8
Disability Leave
July 12
2
July 12
3
1
Introduction
In accordance with current employment legislation, Islington’s special leave provides for
any urgent domestic situation or personal crisis, which is short-term,
unplanned/unforeseen and unrelated to work or personal sickness. There is also provision
for planned activities relating to disability and some other specialist appointments. The
leave may be granted with and / or without pay. The policy and guidance is not intended to
discriminate directly or indirectly on the grounds of sex, race, colour, national or ethnic
origin, sexuality, religion, age, disability, marital status or caring responsibilities.
Islington provides generous levels of annual leave and the expectation is that employees
should use their annual leave (or flexi, or time off in lieu) for dealing with personal or
domestic situations, e.g. appointments, appliance inspection or repairs to property, moving
house, looking after a child etc. The special leave provisions should only be used in
exceptional circumstances.
The reference in the special leave agreement to taking account of such factors as general
attendance record, outstanding annual leave etc., has caused some confusion and varying
practice across the organisation. Therefore these notes have been produced to help you,
as managers, determine how best to manage special leave requests.
A common sense approach, which is both fair and reasonable, is required in the
management and granting of special leave. Whilst there needs to be consistency
managers are expected to deal with requests and situations sensitively reflecting individual
circumstances. Where the manager is in doubt, then Human Resource advice should be
sought.
The expectation is also that all employees and their managers will act responsibly, and on
the basis of mutual trust in relation to this provision, as this is fundamental to the effective
implementation of this policy.
Managers should monitor special leave and raise any concerns with the employee at an
early stage regarding future situations that might arise.
Where managers do turn down a request for special leave a reason should be given to the
employee.
Any requests for those who work less than a full time standard working week should be
pro – rata according to hours worked. The days of entitlement to special leave are within
any rolling 12-month period.
July 12
4
2
Relevant factors to consider when processing requests
All relevant factors particular to the individual request need to be considered such as the
following:









What are the reasons for the request?
How much special leave has been taken in the previous 12 months? If this is the
maximum amount, the request would normally be refused.
What is the sickness record of the employee over the preceding 12 months?
Can the employee make alternative arrangements with a partner, relative, friend,
etc.?
The amount of annual leave outstanding? If the employee still has leave
outstanding, could they use some of this instead of special leave?
Is the request for leave reasonable in the circumstances?
What are implications to the service provision including staff cover?
Is there an underlying cause for the use of special leave which could be addressed
through other means of support such as a temporary change in working hours,
annual leave, toil, flexi scheme?
What is the supporting evidence / documentation (where relevant)?
Having considered the above questions and determined the levels of previous
leave/absence it could be reasonable to refuse to grant the leave requested.
3
Levels of Authorisation
The Line Manager will make a recommendation on the Application for Special Leave form
and forward to a Senior Manager. The Senior Manager will then forward to Human
Resources who will update the employee’s absence record on Resourcelink.
4
Procedure for applying for Special Leave
Any requests have to initially be covered by annual leave whilst waiting for the outcome of
their applications. The exception is where an employee wishes to cover the period of
absence with toil, flexi or unpaid leave.
An employee should complete Part 1 of the Application for Special Leave (Appendix 1)
and forward this to their line manager. The line manager will then complete Part 2 and
forward to their Senior Manager, who will make a decision. This will then be communicated
back to the employee by their line manager, who should give a copy of the form to the
employee. The line manager should also forward a copy of the form to Human Resources
for actioning. This can be scanned through to the HRExpress mailbox.
July 12
5
5
Appeals Procedure
Any employee who believes that this policy is not being applied fairly can raise the matter
with Human Resources stating the reasons for the appeal.
Human Resources will carry out an investigation to review the paperwork, hear the
employee’s views and, where appropriate, meet the Senior Manager who made the
decision. The outcome will normally be communicated to the employee within 10 working
days of receipt of the appeal.
6
Employee Assistance Programme
7
Types of Special Leave
7.1
Emergency Situations
Bereavement and Funeral arrangements
Up to 5 days off with pay per occasion.
Requests for time off in these situations must be granted in keeping with Islington’s
intention to support employees at these very difficult times, however, the following
factors will also need to be taken into account such as:



The closeness of the immediate and extended family relationship* with the
deceased;
Responsibility for funeral arrangements and / or personal effects;
Amount of travelling involved.
*Immediate family is defined as son, daughter, step son/ daughter, parent / parent
in law, spouse (wife, husband, next of kin / carer or partner) or common law / civil
partner and guardian / stepparent.
*Extended family is defined as aunt, uncle, grandparent, brother / sister in law and
relatives of civil partner.
*Situations where the employee is a carer for another person.
The leave is discretionary and not automatic and entitlement will be based on each
individual situation. Supporting evidence or information may be required for an
application such as next of kin, executors’ names in the will, funeral details, and
cultural responsibilities.
Leave for Carers or those with dependants
Up to 10 days with pay.
The Council is committed to assisting those employees with dependants to cope
with genuine domestic crises or difficulties that may arise from time to time and has
therefore provided special leave to help with this. There has to be a balance/shared
responsibility between the Council and the employee.
July 12
6
Employees are expected to share the responsibility for time off with a partner
(where there is one) or other family members and to have contingency
arrangements in place for most circumstances. Normally 1 or 2 days will be enough
to deal with the emergency issues and to arrange longer term measures if needed.
This time off is to manage a genuine domestic crisis. This could include:





a dependant* being taken ill or being injured or assaulted;
unexpected disruptions or breakdown of care arrangements and no other
care is available;
unexpected serious incidents involving the employee’s child at school or
during school hours;
a dependant* needing additional support for a short period of time;
potentially life-threatening situations requiring the immediate attendance of
the employee.
A dependant* is defined in the same way as immediate family* above.
In all circumstances, the right is limited to the amount of time that is reasonable in
the circumstances of the case.
7.2
Planned Leave
Ante-natal Care
Reasonable time off with pay.
Reasonable time off with pay must be granted for women to attend ante-natal care,
parent craft, medical examinations and relaxation sessions/classes as advised by
the midwife or medical practitioner, as this is a statutory provision. Requests for
time off must be made in advance, although it is not necessary for the employee to
produce an appointment card on the first occasion, but on all subsequent
appointments a card must be produced.
Appointments
Usually this would not be covered by Special Leave arrangements, unless they
were related to a disability.
Employees should be encouraged, wherever possible, to make appointments (such
as dental or medical), which are not connected to a recognised disability, outside
the normal working day, and where this is not possible, at times towards the
beginning or end of the working day and make up the lost time over a reasonable
period (four weeks). Hospital appointments or regular, ongoing appointments for a
medical condition where lost time cannot be made up over a reasonable period, will
normally be managed under the Council’s normal sickness reporting arrangements,
i.e. the employee will be classed as sick, unless s/he prefers to take annual leave
instead.
Blood Donor
Reasonable time off with pay.
Managers should be flexible regarding such requests to grant reasonable time off to
give blood. Appointments, if this is to be done during the normal working day,
July 12
7
should be arranged at the beginning or end of the day or at lunchtime and as much
notice as possible should be given to managers.
However, if time off is required /needed because of side effects, then normal
sickness absence procedures will be used.
Child Care Clinics
Reasonable time off with pay.
The provision for time off to attend child care clinics is to help with normal health
checks for children e.g. inoculations, and not to deal with specific needs or long
term health problems of a child.
If a manager considers that a request for time off is unreasonable, they should
discuss this with the employee.
Counselling or any supported initial assessment
One day with pay should be given for any initial assessment requests and those
programmes arranged in partnership with Islington (for instance through the
Employee Assistance Programme).
However, it is expected that any follow – up arrangements would be carried out in
the employees own time or that time is made up or TOIL or annual leave is used.
Disability Special Leave and Planned Disability Leave
Reasonable time off with pay.
Disability Special Leave (DSL) and Planned Disability Leave (PDL) can be granted
to cover the absence of an employee who is considered as disabled within the
legislative framework and also confirmed by the employee and the occupational
health adviser for rehabilitation, assessment, annual check-ups and treatment.
Supporting evidence will be required where the disability was previously not
declared or known by the line manager.
Employees who require leave as a result of their disability are encouraged to agree
Planned Disability Leave, with their manager and set out if possible their leave
requirements for the next rolling 12 month period. This could include appointment,
treatment, rehabilitation or assessment related to their disability
For both DSL and PDL and the employee should advise his/her line manager of the
proposed time of the appointment(s) as soon as possible and must produce an
appointment card or letter if asked. Where there are a series of appointments for
regular and ongoing treatment, acceptable arrangements need to be approved by
the line manager.
Disability special leave (DSL) also applies to employees who have caring
responsibilities for a dependent. DSL can be granted to an employee who needs to
accompany a disabled dependent for rehabilitation, assessment appointments etc.
Supporting evidence will be required where the disability was previously not
declared or known by the line manager.
July 12
8
The Equality Act 2010, which replaced the Disability Discrimination Act (DDA)
defines a disabled person as someone who has a “physical or mental impairment
that has a substantial and long-term adverse effect on his or her ability to carry out
normal day-to-day activities”. Examples of circumstances within the legislative
framework are outlined in Appendix 2.
Where an individual is absent as a result of a circumstance (e.g. rehabilitation,
training etc) related to their disability but not from actual sickness, then the absence
should be considered as disability special leave and not recorded as sickness as
the latter relates to a situation where an employee is unable to work due to illness.
Line managers need to consider each case individually and according to the nature
of the employee’s individual disability and the circumstances. As the nature of an
individual’s disability can change over time, line managers need to liaise with the
employee, Occupational Health and Human Resources.
Duration of the leave is dependent on each case. If rehabilitation or assessment is
required on a continuous basis for a period of over 3 months or immediately on a
permanent basis, then alternative working patterns may need to be considered
(refer to flexible working policy).
Where an employee has a recognised disability, they should make sure this is
reflected in their Personal Details on MyHR otherwise consideration for DSL and
PDL may be delayed. .
Disability Special Leave and Planned Disability Leave will be monitored separately
from sick leave and special leave.
Examples of types of Disability Special Leave and Planned Disability Leave are
given in Appendix 3.
Election Leave within the Borough of Islington
Employees who help the Chief Executive with Parliamentary, European and Council
elections within Islington by working at a polling station all day will be granted leave
with pay. This excludes canvassing. Employees undertaking overnight count
duties on the day are also eligible for a day off on the following day.
Any other local election duties should be considered at the time of the elections.
Employees who assist with elections, as part of their day-to-day duties are not
eligible for special leave provisions.
Examination Leave
Reasonable time off, as necessary, will be granted with pay, up to one day per
exam, provided that the exam is relevant to the job and the course has been agreed
in advance by the manger. Exam dates should be given to the manager as soon as
they are available.
Extended Leave to Visit Relatives Abroad
Where an employee makes a request to visit relatives abroad it is not unreasonable
for a manager to require evidence of the travel arrangements, duration of the leave,
etc. Managers have discretion in deciding whether or not to allow the request.
July 12
9
Managers must take service considerations into account before agreeing when the
leave can be taken.
Foster Carer Leave
Up to five days paid foster care leave is available to employees who are registered
foster carers to foster a baby or a child (up to the age of 16). This leave is to allow
the prospective foster carer to attend related meetings, training sessions or help
with the child’s settlement into their new home.
HM Military Training and Call out (Reservists)
Agreed time off has to be granted for training and associated activities. However
such requests have to be supported with evidence.
IVF and other related fertility treatments – partner’s leave
An employee whose partner is receiving IVF treatment may be granted up to five
days’ paid leave in a rolling twelve month period to support their partner through
the treatment. Supporting evidence of doctor’s / hospital appointments must be
made available.
Jury Service/Court/Witness Summons
Generally, requests for time off with pay must be granted. The employee must
notify their manager of any summons they receive as soon as possible and any
requests must be supported with evidence.
For more details see separate Jury Service guidance note and template letter.
Medical Screening for Breast and Cervical Cancer, Prostrate, Testicular Screening,
In Vitro Fertilisation (IVF) and other fertility treatment.
Reasonable time off with pay must be granted. If a manager considers that a
request for time off is unreasonable s/he should discuss this with the employee.
In relation to IVF and other fertility treatments, if time off is required /needed
because of side effects, then normal sickness absence procedures will be used.
Parental Leave
Employees are entitled to take up to 13 weeks without pay over a five-year period,
four weeks’ parental leave in a year in respect of each individual child. The details
are in the ‘Parenthood and Adoption Leave’ procedure.
Public Duties
Managers are encouraged to grant up to 5 days paid leave in 12 months for
employees undertaking recognised public duties, e.g. academic governors, local
government councillor, member of statutory tribunal, Justice of Peace (magistrate)
etc. Employees may in addition also request up to 10 days unpaid leave to
undertake recognised public duties subject to the needs of the service.
Religious Observance
Leave for religious festivals should be accommodated into the existing annual leave
or flexible working arrangements. If this is not possible, the line manager may grant
the employee unpaid leave.
July 12
10
Special Guardian
Up to five days paid leave is available to employees who become a special
guardian to a child (up to the age of 16) under the Special Guardianship
Regulations 2005. This leave is to allow the prospective guardian to attend related
meetings, training sessions or help with the child’s settlement into their new home.
Volunteering
The council is committed to volunteering and encourages employees to volunteer
for the local community.
7.3
Exceptional Circumstances
The special leave provisions detailed in this guidance specify the amounts of time
off that may be granted to employees, but the list of provisions is not and cannot be
exhaustive. Managers also have the discretion to authorise up to 5 days special
leave in total with pay in any 12-month period, in addition to these provisions
(except carer leave, which has its own discretions).
7.4
Other Reasons
In exceptional circumstances unpaid leave for up to one month may be granted for
personal reasons, at the discretion of the Corporate Director.
July 12
11
Appendix 1
APPLICATION FOR SPECIAL LEAVE
PART 1 (to be completed by applicant)
Name
Service
Division
Unit
Payroll Number
Date of
Application
Date(s)
Requested
From
To
Reason for special leave / disability leave being requested (please delete as
appropriate and provide information):
Number of days paid leave
Number of days unpaid leave
requested (If part time state the
requested (If part time state the
number of hours)
number of hours)
Note: Number of working days/hours requested:
Number of working days refers to employees working full-time and working hours
relates to employees working less than a standard working week (35 hours).
Supporting evidence may be requested to accompany this request for paid special leave /
disability special leave or planned disability leave.
Documentary evidence must be provided with this form when the request concerns paid
time off for a health matter.
PLEASE NOTE THAT THE REASONS FOR THIS REQUEST, YOUR ATTENDANCE
RECORD, ANY OUTSTANDING ANNUAL LEAVE AND THE NEEDS OF THE SERVICE WILL
BE TAKEN INTO ACCOUNT.
YOU SHOULD NOT ASSUME THAT YOUR APPLICATION HAS BEEN GRANTED UNTIL
PART 3 OF THIS FORM HAS BEEN COMPLETED.
PART 2 (to be completed by Line Manager/Supervisor)
Number of annual
leave days
outstanding
Number of days Special Leave /
Disability Special or Planned Leave
granted in the last 12 months
with pay:
without
pay:
I am aware of the guidance on the granting of special leave and having spoken to this
employee would recommend that this request is granted / fully / partially refused
(delete as appropriate)
July 12
Number of days sick in
past 12 months
12
Comments: (compulsory if the recommendation is to refuse or to only partially grant)
Name
Signature
Designation
Date
PART 3: (to be completed by Head of Service / Director / Corporate Director)
I authorise
days (or hours, if appropriate) for special leave / disability
special leave / planned disability leave with pay
(State number of days / (hours, if part time) paid leave).
Comments (if any)
I authorise ……… days (or hours, if appropriate) for special leave without
pay.
(State number of days / (hours, if part time) paid leave).
Comments (if any)
Date(s) From:
To:
I do not authorise this /all this (delete as applicable) application for special
leave / disability special leave / for the following reason(s)
Date(s) From:
To:
Name
Signature
Designation
Date
PART 4
A copy of this form must be sent to HR whether the application is accepted or rejected
for monitoring purposes in accordance with the Public Sector Equality Duty.
A copy of this form must also be given to the employee by the line manager.
July 12
13
Appendix 2
Equality Act 2010 - Disability Guidance
1
Definition
The Act defines a disabled person as a person with a disability. A person has a disability
for the purposes of the Act if he or she has a physical or mental impairment and the
impairment has a substantial and long-term adverse effect on his or her ability to carry out
normal day-to-day activities (S6(1)).
This means that, in general:
• the person must have an impairment that is either physical or mental;
• the impairment must have adverse effects which are substantial;
• the substantial adverse effects must be long-term; and
• the long-term substantial adverse effects must be effects on normal day-to-day
activities.
2
Persons deemed to be disabled
The Act provides for certain people to be deemed to meet the definition of disability without
having to show that they have an impairment that has (or is likely to have) a substantial
and long-term adverse effect on the ability to carry out normal day-to-day activities.
Regulations provide for a person who is certified as blind, severely sight impaired, sight
impaired or partially sighted by a consultant ophthalmologist to be deemed to have a
disability. (Sch1, Para 7)
3
Exclusions from the definition
Certain conditions are not to be regarded as impairments for the purposes of the Act.
These are:
• addiction to, or dependency on, alcohol, nicotine, or any other substance (other
than in consequence of the substance being medically prescribed);
• the condition known as seasonal allergic rhinitis (e.g. hayfever), except where it
aggravates the effect of another condition;
• tendency to set fires;
• tendency to steal;
• tendency to physical or sexual abuse of other persons;
• exhibitionism;
• voyeurism.
4
Examples of factors to consider
Below is an illustrative and non-exhaustive list of factors which, if they are experienced by
a person, it would be reasonable to regard as having a substantial adverse effect on
normal day-to-day activities.
Whether a person satisfies the definition of a disabled person for the purposes of the Act
will depend upon the full circumstances of the case. That is, whether the substantial
adverse effect of the impairment on normal day-to-day activities is long term.
In the following examples, the effect described should be thought of as if it were the only
effect of the impairment.
 Difficulty in getting dressed, for example, because of physical restrictions, a lack of
understanding of the concept, or low motivation;
July 12
14
























July 12
Difficulty carrying out activities associated with toileting, or caused by frequent
minor incontinence;
Difficulty preparing a meal, for example, because of restricted ability to do things
like open cans or packages, or because of an inability to understand and follow a
simple recipe;
Difficulty eating; for example, because of an inability to co-ordinate the use of a
knife and fork, a need for assistance, or the effect of an eating disorder;
Difficulty going out of doors unaccompanied, for example, because the person has
a phobia, a physical restriction, or a learning disability;
Difficulty waiting or queuing, for example, because of a lack understanding of the
concept, or because of pain or fatigue when standing for prolonged periods;
Difficulty using transport; for example, because of physical restrictions, pain or
fatigue, a frequent need for a lavatory or as a result of a mental impairment or
learning disability;
Difficulty in going up or down steps, stairs or gradients; for example, because
movements are painful, fatiguing or restricted in some way;
A total inability to walk, or an ability to walk only a short distance without difficulty;
for example because of physical restrictions, pain or fatigue;
Difficulty entering or staying in environments that the person perceives as strange
or frightening;
Behaviour which challenges people around the person, making it difficult for the
person to be accepted in public places;
Persistent difficulty crossing a road safely, for example, because of physical
restrictions or a failure to understand and manage the risk;
Persistent general low motivation or loss of interest in everyday activities;
Difficulty accessing and moving around buildings; for example because of inability
to open doors, grip handrails on steps or gradients, or an inability to follow
directions;
Difficulty operating a computer, for example, because of physical restrictions in
using a keyboard, a visual impairment or a learning disability;
Difficulty picking up and carrying objects of moderate weight, such as a bag of
shopping or a small piece of luggage, with one hand;
Inability to converse, or give instructions orally, in the person’s native spoken
language;
Difficulty understanding or following simple verbal instructions;
Difficulty hearing and understanding another person speaking clearly over the voice
telephone (where the telephone is not affected by bad reception);
Persistent and significant difficulty in reading or understanding written material
where this is in the person’s native written language, for example because of a
mental impairment, or learning disability, or a visual impairment (except where that
is corrected by glasses or contact lenses);
Intermittent loss of consciousness;
Frequent confused behaviour, intrusive thoughts, feelings of being controlled, or
delusions;
Persistently wanting to avoid people or significant difficulty taking part in normal
social interaction or forming social relationships, for example because of a mental
health condition or disorder;
Persistent difficulty in recognising, or remembering the names of, familiar people
such as family or friends;
Persistent distractibility or difficulty concentrating;
15

5
Compulsive activities or behaviour, or difficulty in adapting after a reasonable period
to minor changes in a routine.
Further Information
The above information is taken from
Equality Act 2010 - Guidance on matters to be taken into account in determining
questions relating to the definition of disability (May 2011)
A copy of the full document can be found on izzi at the Office for Disability Issues which
can be found at: www.odi.gov.uk
July 12
16
Appendix 3
Examples of disability special leave and planned disability leave provisions




Weekly or monthly physiotherapy sessions e.g. hip replacement
An employee who has to attend a specialist centre for a check-up e.g. cancer, HIV,
multiple sclerosis, diabetes, epilepsy etc
An employee with a visual impairment who is no longer able to carry out the main
tasks of their job role due to deterioration of their disability and the recommendation
is to install special software. This may also include if the employee is also required
to attend any specialist training for the installed software or even unable to attend
work until the software is installed.
An employee who has been diagnosed with a disability by their GP or specialist and
confirmed by the occupational health adviser for an assessment to identify their
specific work needs including a rehabilitation period to adjust to their changed
circumstances. For example, deafness, dyslexia.
Any required adjustments would also require a workstation risk assessments by the
health and safety team in conjunction with the occupational health adviser.



A visually impaired employee who needs training for new equipment and or a guide
dog including if the guide dog is ill and the employee needs to make other
arrangements in order to attend work.
An employee who suffers from chronic chest problems and there is a breakdown in
the air cooling systems in the office may be granted leave until the air cooling
systems are fixed.
An employee who uses a wheelchair or special equipment is unable to attend work
when a part of the chair / equipment requires repair and their work does not comply
with home-working provisions.
Please note that this list is not exhaustive and any queries need to be directed to
Human Resources.
July 12
17