CAREER BREAK SCHEME 1.0 Background 1.1 The University is committed to developing human resource policies which will support all staff at various stages of their working careers. The University acknowledges that it can be beneficial to both employees and the University to allow for periods of unpaid leave from work. This Career Break Scheme will enable employees to take extended periods of unpaid time away from work, and help employees strike a balance between paid work and personal life. Career breaks can be taken for a variety of reasons including study, travel, childcare responsibilities, elderly dependents’ care responsibilities, or to pursue a personal interest. 1.2 The aims are to attract and retain staff by demonstrating a commitment to their long term career and personal development, to reduce the number of leavers, and to contribute to work-life balance. 2.0 Eligibility 2.1 To be considered for the Scheme employees must have at least five years’ continuous service and in the case of employees on fixed term contracts, have at least eighteen months until their contract end date at the start of the career break. Full time and part time employees are equally eligible. 2.2 Employees in externally-funded posts will require the permission of the funders of their post before the University can consider their application. 2.3 If you are employed at the University with a Tier 2 visa you are not permitted to take any unpaid leave during the period of your visa. 3.0 Career Break Conditions 3.1 A career break is a period of leave which is unpaid and will normally last between three months and two years. In exceptional cases, and where practicable, a career break of less than three months or more than two years may be taken by mutual agreement. A career break may be extended provided that the total duration does not exceed three years, and is subject to operational viability and any pension requirements (see section 6). The actual period of the break will be subject to agreement between the University and the individual. 3.2 An employee may apply for, and take, a maximum of two career breaks during their employment at the University. There will normally be a minimum period of at least three years between each career break. 3.3 In certain circumstances a career break may not be the most appropriate arrangement for the employee. In such circumstances alternative Career Break Scheme June 2015 1 arrangements may be agreed between the Department and employee, subject in all cases to the individual’s terms and conditions of employment. Alternative arrangements could include Maternity Leave, Adoption Leave, Shared Parental Leave, Parental Leave, Study Leave or Flexible Working. 3.4 Where an employee applies for a career break immediately following the end of a period of Maternity Leave, the career break will not count as a return to work for the purposes of entitlement to University Maternity Pay. A condition of University Maternity Pay is that staff should return to work at the University, in a full or part-time capacity, for at least 3 months following Maternity Leave, or following a career break where the career break commenced at the end of the Maternity Leave. The University reserves the right to reclaim all the non-statutory elements of maternity pay if an employee leaves before the three month period is worked 3.5 Contractual policies and procedures including grievance and disciplinary procedures, confidentiality and participation in other business activities remain in force for the duration of the career break. 3.6 Employees on a career break will not be eligible for University Maternity, Paternity or Adoption pay. Eligibility for Statutory Maternity/Adoption/Shared Parental/Paternity pay may be affected during a career break and advice should be sought from your link HR Adviser. 3.7 It is the responsibility of the employee taking a career break to establish with Jobcentre Plus whether they are entitled to any social security benefits and to check the position regarding National Insurance contributions. 4.0 Application Process 4.1 Applications under the Scheme will be considered by the Head of Department. Acceptance of a career break request is solely at the discretion of the University, and the University reserves the right to refuse a career break application. The granting of a career break and the length of the break will depend on business need at the time in question and may take into account (but is not limited to) the following factors: 4.2 Operational requirements Anticipated workload ( individual and/or team) during the proposed period Impact of the absence on other employees’ workloads Retention of key skills, knowledge and experience and alignment with strategic needs/operational requirements. Ability to recruit additional staff Periods of leave being taken by other employees Satisfactory or good performance record Pension requirements Application for a career break should normally be made at least six months prior to the proposed commencement date (although the University may consider applications at shorter notice where appropriate), in order to allow time for the University to give it due consideration. Employees will need to agree to all the terms governing the Scheme as laid out in this document. Career Break Scheme June 2015 2 4.3 The career break application form should be completed and forwarded to the Head of Department who will consider the application and its implications and forward comments to the link HR Adviser. 4.4 The link HR Adviser will discuss the application with the Head of Department, and where appropriate, meet with the Head of Department and employee to clarify any aspects of the application. If viable an alternative period and/or duration for the career break may be proposed by the University 4.5 Career breaks may be refused for operational reasons. If the application is refused, the Head of Department will provide reasons for the refusal in writing to the employee. The University’s decision is final although employees who feel they have been unreasonably refused a career break may raise the matter through the Grievance Procedure. 4.6 The University’s decision will be notified to the employee within three months of receipt of the written application. 4.7 Where an application is accepted, the date for the commencement and the end date of the career break will be by mutual agreement between the employee and the Department, and will take into account outstanding work activities and cover arrangements. 4.8 Before the career break commences the relevant line manager should carry out a pre-break interview. This will cover areas of mutual interest such as mechanisms for keeping in touch, the contact details for the employee during the career break, arrangements for any periods of training, arrangements for returning to work; any pension issues, which should also be discussed with the University Pensions team. 4.9 On returning to work the manager should arrange a return to work meeting with the employee. This should cover areas of mutual interest such as changes within the Department/University, and any queries regarding the employee’s salary and entitlements on their return. 4.10 If the employee successfully applies for a new post within the University they will be required to commence the new post on a mutually agreeable date, and this may require early termination of the career break period. 5.0 Alternative employment during the career break 5.1 Employees must not undertake work for another organisation during the period of the career break without the prior approval of the University. Such approval will not be unreasonably withheld and the requirement is primarily designed to avoid any conflicts of interest and is subject to the University’s financial regulations. 5.2 During their career break staff will observe and continue to be bound by all of their terms and conditions of employment, unless otherwise agreed in writing. 5.3 In respect of undertaking work for another institution the intellectual property of work done during that employment will rest with that employer rather than the University of Warwick. The position on intellectual property rights will be Career Break Scheme June 2015 3 agreed on a case by case basis. In some circumstances a secondment rather than a career break may be more appropriate. 6.0 Pension 6.1 A career break will not count towards Pensionable Service. During any period of unpaid leave pension membership is suspended, including those members who have been auto-enrolled. Life insurance cover or ill health entitlements, where provided via the pension scheme, may continue subject to the appropriate Scheme Rules, and payment of a special contribution by the employee. 6.2 If an employee is currently paying Additional Voluntary Contributions or an Added Years contract then the level of benefits upon retirement may be affected, unless contributions are made good following their return from a career break. 6.3 If you are a member of the USS final salary section and you cease contributions for 30 months or more, your membership will convert to the career revalued section. For more detailed information please contact the HR Pensions team by email to hr.pensions@warwick.ac.uk 7.0 Length of Service 7.1 The career break period will count as continuous service for statutory purposes but will not be included for the purposes of service accrual for occupational benefits. Service prior to and following the career break will be aggregated for the purposes of entitlement to occupational benefits such as University Maternity Pay, increments, long service, and increased annual leave accrual. 8.0 Annual Leave 8.1 Employees on a career break will not accrue contractual or statutory annual leave and will not be eligible for holiday pay. 8.2 Employees will be required to take their annual leave prior to the start date of the career break. There will be no payment in lieu for any holiday outstanding. 9.0 Increments and Pay Awards 9.1 Incremental progression and/or salary reviews will be suspended during a career break, but will recommence upon return to work. If your leave is for six months or more in the year preceding your normal incremental date your next increment will be delayed until the following incremental date. 9.2 An employee will return to a salary that will reflect any negotiated salary settlements. Any merit awards will be made on the basis of time worked during the relevant review period. Career Break Scheme June 2015 4 10.0 Sick Pay 10.1 Employees on a career break will not be entitled to contractual sick pay during their leave period, but may be entitled to statutory sick pay in line with the rules of the scheme. Advice regarding statutory sick pay should be sought from your link HR Adviser. 11.0 Keeping in Touch 11.1 Employees on an extended career break (twelve months or longer) will normally be required to keep in touch and familiarise themselves with changes in the work environment whilst they are away by arrangement with their Department. This time will be unpaid, but will be reasonable and agreed with the employee and will not normally exceed a one week period within a twelve month career break. 11.2 Departments will seek advice from their link HR Adviser and set out in writing the contractual issues arising from an employee going on a career break in accordance with the guidance in this policy (to include provisions detailed in section 5 of this document). Departments will also invite the employee, where practicable, to participate in any training or development which may be relevant and notify the Payroll Department accordingly so that the individual can be paid for time spent on such departmentally-authorised training. 11.3 Employees are encouraged to visit the University website during their career break but will be sent copies of University/Departmental newsletters where appropriate, and any other relevant information that will help them to keep in touch and to facilitate their return to work. 12.0 Return from the Career Break 12.1 It is normally expected that the employee will return to their substantive post. However, the University reserves the right to allocate the employee to a similar post on no less favourable terms and conditions of employment either within the original Department or another Department within the University. 12.2 Any extension beyond two years will be on the basis that the employee is aware that their right to return to their substantive post will be relinquished. but, where possible, an employee will return to a suitable alternative post. 12.3 If an employee wishes to return early from their career break they will be required to provide a minimum period of one month’s notice. If an early return is not viable then the original agreed period of the career break will remain in force. 13.0 Redundancy 13.1 In the case of reorganisation, relocation or possible redundancy situations, an affected individual on a career break shall be treated in the same way as other individuals. If an employee’s post is likely to become redundant during the career break the University will inform the employee and discuss the situation with them, as required by legislation and in accordance with the University’s procedures. Career Break Scheme June 2015 5 14.0 Study leave - Academic staff 14.1 Any career break leave period will not count towards the accrual of study leave for academic members of staff. 15.0 Failure to Return to the University 15.1 If an individual subsequently chooses not to continue in employment with the University, notice must be given in accordance with the appropriate terms and conditions of employment. Resignation during the career break will require a notice period in line with the employee’s terms and conditions. Career Break Scheme June 2015 6 CAREER BREAK APPLICATION FORM (To be completed at least six months prior to the commencement of the proposed break) NAME: EMPLOYEE ID: DEPARTMENT: JOB TITLE: GRADE: CONTINUOUS SERVICE DATE: Please give below your reasons for requesting a Career Break: Any potential benefit to the University: Please give details of any supporting information enclosed with this application: Proposed start date and duration of Career Break: START: END: I have read and understood the terms of the Career Break Scheme. SIGNED: DATE: TO BE COMPLETED BY HEAD OF DEPARTMENT: Career Break Scheme June 2015 7 Head of Department comments: Application APPROVED/REJECTED (Delete as appropriate) Reasons for Rejection (Where applicable): Arrangements for the Career Break period: Arrangements for keeping in touch: SIGNED: DATE: TO BE COMPLETED BY HR: Comments: SIGNED: Career Break Scheme June 2015 DATE: 8