Leave of Absence Policy Part 1: Summary Leave of Absence Policy 1|P a g e 4 8 AET HR 02 Review June 2014 Adopted and ratified by the Academies Enterprise Trust Board on: June 2012 Review Date: June 2014 As defined by the AET Governance and Accountability Framework (ARCI) Accountability: AET Board Responsibility: AET Board Local Board of Governors Leave of Absence Policy 2|P a g e 4 8 Leave of Absence Policy Policy content Part 1 – Summary 1. Introduction ..................................................................................................................................... 5 1.1. Policy statement .................................................................................................................... 5 1.2. Definitions ............................................................................................................................. 5 1.3. Scope of policy ...................................................................................................................... 5 1.4. Roles and responsibilities ...................................................................................................... 6 2. Procedure ......................................................................................................................................... 6 3. Appeals ............................................................................................................................................ 6 4. Guidance Table ................................................................................................................................ 8 4.1. Family Related Absence ........................................................................................................ 8 4.2. Ill-Health Related ................................................................................................................. 18 4.3. Government Related Duties ................................................................................................ 20 4.4. Training Related .................................................................................................................. 24 4.5. Other leave .......................................................................................................................... 25 Part 2 - Manager's Guidance 1. 2. Career Breaks................................................................................................................................. 32 1.1. Eligibility .............................................................................................................................. 32 1.2. Notification .......................................................................................................................... 32 1.3. Contact ................................................................................................................................ 32 1.4. Returning to work ............................................................................................................... 32 1.5. Impact on previous service ................................................................................................. 33 1.6. Impact on pension ............................................................................................................... 33 Time Off To Train ........................................................................................................................... 33 2.1. Eligibility Criteria ................................................................................................................. 33 2.2. What Type of Training an Employee Can Request .............................................................. 34 2.3. Payment for Time Spent Training ........................................................................................ 34 Leave of Absence Policy 3|P a g e 4 8 2.4. Invalid Requests and Withdrawals ...................................................................................... 34 2.5. Withdrawal of a Request by an Employee .......................................................................... 35 2.6. Timescales ........................................................................................................................... 35 2.7. Considering Whether to Accept or Reject a Request .......................................................... 36 2.8. Meeting an Employee to Discuss their Request .................................................................. 36 2.9. Communicating the Decision .............................................................................................. 37 2.10. Internal Appeals Process ..................................................................................................... 37 Appendices Appendix 1 ............................................................................................................................................... 39 Model Career Break Letter ............................................................................................................ 39 Appendix 2 ............................................................................................................................................... 40 Procedure for public duties claims ................................................................................................ 40 Appendix 3 ............................................................................................................................................... 41 Public duties claims form............................................................................................................... 41 Appendix 4 ............................................................................................................................................... 42 Sample secondment agreement.................................................................................................... 42 Appendix 5 ............................................................................................................................................... 44 Individual learning agreement....................................................................................................... 44 Appendix 6 ............................................................................................................................................... 46 Time Off To Train Request Form ................................................................................................... 46 Appendix 7…………………………………………………………………………………………………………………………………………..48 Glossary and Status of the Policy and Guidance………………………………………………………………………..48 Leave of Absence Policy 4|P a g e 4 8 1. Introduction This policy sets out the types of leave of absence which can be requested by staff, including whether it is a statutory entitlement or discretionary and whether it is paid or unpaid. It further explains how staff should request such leave and how decisions will be made. It should be read in conjunction with the Academy’s Family Friendly policy and Sickness Management policy. Throughout this policy “The Company” will refer to the Academies Enterprise Trust or London Academies Enterprise Trust as appropriate. 1.1. Policy statement The Academy aims to deliver high quality services whilst enabling staff to combine their working life with the increasing demands on their personal life. This requires mutual flexibility from both the employee and the employer. This policy supports the need for employees to be allowed reasonable time off for a range of circumstances. The Principal and Governors will consider all applications for leave of absence in a fair and equitable manner within the premises set out in this policy document. The Board of Governors will ensure that all requests for leave of absence are dealt with sensitively, professionally, speedily and fairly. 1.2. Definitions Statutory absence - This is an entitlement under employment legislation. Mandatory absence - This is an entitlement as part of an employee’s terms and conditions of service. Discretionary absence - This is not an entitlement, but absence/pay is at the discretion of the Principal & Governors and each request will be considered on its individual circumstances. Current employer - Current employer means continuous employment at a community school/ voluntary controlled school(s), or, current service at a foundation school/voluntary aided school. 1.3. Scope of policy The policy applies to all employees and covers a wide range and type of leave, including where statutory rights exist and where Principals and Governors have discretion over approvals. The policy is intended for matters affecting people on a personal basis. Requests by the Principal for leave of absence must be directed to the Chair of Governors. Indicated in the following tables are the maximum levels of absence. The Principal is authorised to deal with the majority of cases which are unlikely to exceed the stated number of days per year or term as an immediate decision is often needed, particularly for compassionate reasons. The Governing Body only need to authorise leave of absence in exceptional cases. If a part time member of staff requests leave of absence, the maximum days given in the table should be calculated on a pro rata basis. Leave of Absence Policy 5|P a g e 1 1 Where indicated, managers’ and employee guidance is included as part of this policy document. 1.4. Roles and responsibilities It is the responsibility of the Company and Governing Body to: establish, maintain and monitor relevant policies and procedures; ensure that cases are dealt with effectively and fairly; ensure governors and staff have appropriate training; nominate a governor to deal with cases where a manager would be inappropriate. It is the responsibility of the Principal and other managers to: promote an open environment, free from harassment, in which everyone is treated fairly and reasonably; provide appropriate induction and training; ensure all concerns are taken seriously and implement relevant policies and procedures in a timely and reasonable manner; manage staff in a fair and professional way; provide adequate support in respect of complaints; It is the responsibility of all staff to: make every effort to ensure that appointments are made outside of their working hours. Where this is not possible, leave of absence may be requested. 2. Procedure All applications for leave of absence should be directed to the Principal in the first instance regardless of whether he/she has authority to approve such applications. Applications for leave of absence should be in writing. However, in some circumstances, such as an emergency, depending on the reason for and duration of the leave requested, a written request may not be necessary. Employees should give as much notice as possible for any request for leave of absence and where specific notice is required, this is indicated in this policy. 3. Appeals Any appeal lodged against a decision relating to leave of absence will be heard by the Board of Governors appeals’ committee. The employee and chosen representative (normally the representative of a recognised trade union, or a work colleague), will have an opportunity to attend any such meeting and to make representation on their behalf. Leave of Absence Policy 6|P a g e 4 8 The Committee’s decision will be final. Leave of Absence Policy 7|P a g e 4 8 4. Guidance Table 4.1. Type of absence 1. Adoption Family Related Absence Details of leave provision To qualify for statutory adoption leave, an employee must have at least 26 weeks’ continuous local government service by the week in which they are notified of being matched with a child or children and have notified the Principal within 7 calendar days of this notification. Maximum days per term (unless stated otherwise) Paid/Unpaid Statutory - subject to qualifying conditions. Statutory 52 weeks Further information See Family Friendly Guidance Eligible employees may receive up to 39 weeks’ statutory adoption pay. Those who have over 1 year’s local government service may also be entitled to contractual adoption pay. Employees who qualify for statutory adoption leave are entitled to 26 weeks ordinary adoption leave followed by up to 26 weeks additional adoption leave. The Academy and employee can agree to up to a maximum of 10 days paid ‘keeping in touch’ days during the period of absence. Payment will be made for actual hours worked on the employee’s return to work or last day of service. 2. Pre Adoption support Employees should apply in writing to the Principal who will give consideration to the request and the following factors: Time off is discretionary - the circumstances surrounding the request. - where applicable, any outstanding annual leave the Leave of Absence Policy 8|P a g e 1 1 Pay is discretionary See Family Friendly Guidance employee may have (although having unused annual leave would not rule out leave being granted) - any previous requests for leave of absence. - the employee’s attendance and absence record. - the number of day’s special leave requested. - the employees employment history e.g. length of service. - staff cover arrangements and workload. 3. Antenatal Care All pregnant employees have a statutory right to reasonable time off work for ante-natal care but are encouraged to arrange appointments outside of their working hours wherever possible. Statutory – reasonable time off Statutory - paid See Family Friendly Guidance 3a. Fathers to be/ partners and nominated carers In exceptional circumstances, absence with pay may be granted where a father-to-be or partner of an expectant mother is required to provide support., for example where there is a medical emergency resulting in a stay in hospital, or a non-routine medical examination. Time off is discretionary Pay is discretionary See Family Friendly Guidance 3b Parentcraft and routine antenatal classes Requests to attend parent craft classes or routine antenatal classes will be considered against existing leave provisions including annual/ flexible leave (where applicable). (Also see paternity leave and dependant leave) Time off is discretionary Pay is discretionary Leave of Absence Policy 9|P a g e 4 8 4. Bereavement May be granted when a request is made due to the bereavement of a relative. Leave will normally be taken at the time of bereavement only. 4a. Close relative A close relative is defined as a husband, wife, partner, son, daughter, father, mother, father-in-law, motherin-law, brother or sister. 5 days – discretionary Pay is discretionary 4b. Other relatives Consideration will be given to requests for leave for other relatives e.g. extended family members 3 days – discretionary Pay is discretionary 5. Child care It may be necessary for an employee to deal with an immediate crisis and set up alternative care arrangements when their child’s normal carer is suddenly taken ill or when normal childcare arrangements are not available due to the child’s illness. An employee may be able to extend their leave up to a total of 5 days per term as per illness/injury of family members Table i) item 13 Where an employee needs to take more than a total of 5 days’ leave per term, then they may be entitled to unpaid dependant leave. (Also see Dependants) Note: Employees must not claim sick leave to look after sick children. 2 days discretionary Pay is discretionary 6. Dependants Employees have a right to take a reasonable amount of time off work to deal with certain unexpected or sudden emergencies and make any necessary longer term arrangements. The emergency must involve a Leave of Absence Policy Any reasonable requests for further leave to deal with such emergencies will be without pay. Statutory - the length of leave authorised will depend on 10 | P a g e 4 8 Statutory - unpaid Any further requests for leave for this bereavement requires approval by the Principal dependant of the employee. A dependant is defined, as the employee’s parent, wife, husband or partner child, or someone who lives as part of the family, but not the employee’s tenant, lodger or boarder. It also includes someone for whom the employee is the main carer. In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency. (Also see child care, injury & illness and elder care) individual circumstance, and leave for this reason may be offered in addition to other leave provisions available. 7. Domestic crisis The Academy recognises that circumstances may make it necessary and unavoidable for an employee to be absent due to a domestic crisis (including damage or disruption to property). 2 days discretionary Pay is discretionary 8. Elder care The Academy will treat requests from carers sympathetically to deal with unexpected emergencies to care for an elderly person who is an immediate family member such as father, mother, father-in-law, mother-in-law or other elder dependant who requires care. An employee may be able to extend their leave up to a total of 5 days per term as per illness/injury of family members Table i) item 13 Where an employee needs to take more than a total of 5 days per term, then they may be entitled to 2 days discretionary Pay is discretionary. Any reasonable requests for further leave to deal with such emergencies will be without pay Leave of Absence Policy 11 | P a g e 4 8 unpaid dependant leave (Also see dependants) In more extended circumstances, it may be necessary to discuss the possibility of a mutually agreed change to reduced working hours and/or a different working pattern to accommodate the need for time away from the workplace (Also see flexible working and dependants) 9. Fertility treatment Each request will be considered individually in the context of the particular circumstances. Note: The woman undergoing IVF treatment is regarded as pregnant for the period following implantation of the fertilised ova until the end of the protected period* As agreed with Principal discretionary Pay is discretionary 10. Flexible working The statutory right to request flexible working applies to employees who have a child aged 16 years or under (or up to 18 years in the case of a disabled child) and carers if they are or expect to be caring for an adult (18 years or over). However as a matter of good practice all requests should be given equal consideration and looked at in a fair and equitable manner. Not applicable Not applicable (statutory right to request flexible working) Flexible working allows an employee to request a change in their hours of work (including part time and job share), a change to their start and finish times or to request to work from home. Leave of Absence Policy 12 | P a g e 4 8 See Family Friendly Guidance Eligible employees must have 26 weeks’ continuous service with their current employer at the date the request is made. An employee can only make one request in any 12 month period. Therefore, if a request has already been made in relation to a child, another request cannot be made for another 12 months even if it is in relation to caring for an adult. 11. Foster care Leave will be given to foster carers to attend meetings and/or attend training commitments. 12. Graduation Leave to attend graduation ceremony. of child/partner 13. Illness/Injury of family members The absence must be shown to be necessary and unavoidable for the absence with pay to be granted. Where employees need to take more than the leave allocated in this section, then an employee may be entitled to unpaid dependant leave. (Also see Dependant leave) 13a. Immediate family This leave is available to an employee whose immediate family member (husband, wife, partner, son, daughter, father, mother) or other dependant suffers an illness or injury. Leave of Absence Policy Up to 5 days per year - discretionary Pay is discretionary 1 day per year per graduate discretionary Pay is discretionary 5 days discretionary Pay is discretionary 13 | P a g e 4 8 13b. Other relatives Including father-in-law, mother-in-law, brother or sister 5 days discretionary Pay is discretionary 13c. Other Illness and injury Cases Other cases involving illness/injury where an employee can show it to be necessary and unavoidable for leave of absence to be granted will be considered. 3 days discretionary Pay is discretionary 14. Maternity All pregnant employees have a statutory entitlement to 26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave regardless of length of service or hours worked. Statutory - 52 weeks’ leave Statutory - paid/unpaid subject to qualifying conditions An employee must notify the Principal of her pregnancy, her expected week of childbirth (EWC) and the date on which she intends to start her leave, before the end of the 15th week before the EWC (or if that is not reasonably practicable, as soon as it is reasonably practicable). Maternity pay is made up of two separate elements; Statutory Maternity Pay (SMP) and Contractual Maternity Pay (CMP). The qualifying conditions for SMP and CMP are different. This means that whilst an employee may qualify for CMP they may not qualify for SMP and vice versa. It is essential to check the employee’s contract and conditions of service to clarify entitlements to statutory and contractual maternity pay. Leave of Absence Policy 14 | P a g e 4 8 See Family Friendly Guidance Contact must be maintained during maternity leave. Agreement must be made prior to the maternity leave how contact with be maintained. An optional 10 ‘keeping in touch’ days are available during her maternity leave without losing payments or ending her maternity leave. This must be agreed between the Principal and the employee. Note: Provisions are different for teachers and support staff due to the different terms and conditions of employment. 15. Maternity support leave Maternity support leave of 5 days shall be granted to the child’s father or partner or nominated carer of an expectant mother at or around the time of birth. 5 days – mandatory due to conditions of service Pay is mandatory due to conditions of service 16. Medical appointments for dependants Where an employee requires time off to attend routine medical appointments (i.e. doctors and dentists) with a dependant, the employee should arrange to attend these medical appointments outside of their normal working hours. Where this is not possible, or where emergency treatment is needed, time off may be granted. (see Dependant leave) Discretionary subject to the operational needs of the Academy Pay is discretionary 17. Parental leave The right to parental leave entitles all eligible employees who have completed one year’s qualifying service to take a period of unpaid leave to care for each child under 5 (or under 18 in the case of a Statutory - 13 weeks in total for each eligible child. Statutory - unpaid Leave of Absence Policy Statutory - 18 15 | P a g e 4 8 See Family Friendly Guidance disabled child). Parental leave is for parents, adoptive parents and guardians to care for their children. weeks in total for each disabled child. To be eligible the employee must meet one of the following criteria: Statutory - Please Note: – it is only possible to request is the parent of a child born after 15 December parental leave in 1999 who is under 5 years old. The right lasts blocks of one week. up to the child’s 5th birthday, unless the child is It is not permissible entitled to disability living allowance, where the to request right is extended up to the child’s 18th birthday, individual days or except for parents of disabled has a child placed for adoption after 15 December children. No more 1999. The right lasts for 5 years from the date than four weeks on which the child is placed for adoption, or parental leave can until the child’s 18th birthday, whichever is the be taken in any one sooner, or year. has acquired formal parental responsibility for a child who is under 5 years old, or is registered as the father on the birth certificate 21 days’ written notice must be given to the Principal specifying the start and end date of the requested parental leave. Applications for leave can be postponed for up to six months if the ‘operation of the Academy would be unduly disrupted’ except in the case of requests for leave at or around the time of Leave of Absence Policy 16 | P a g e 4 8 birth or adoption or immediately following statutory, contractual maternity, paternity, adoption leave periods. 18. Paternity Leave Paternity leave is available for fathers/partners and adoptive fathers/partners. The provisions extend to an adoptive mother or the partner of an adoptive father, who may take paternity leave if the other partner chooses to take any entitlement under the statutory adoption leave provisions. Employees must have 26 weeks’ continuous service with their current employer by the 15th week before the expected week of childbirth, or the week of being notified of being matched to a child. Eligible employees who meet the qualifying length of service criteria may be entitled to Statutory Paternity Pay (SPP). Statutory - up to 2 consecutive weeks leave for each pregnancy or adoption (regardless of number of babies born or children adopted) Statutory - paid. The first week of paternity leave is paid at full pay. The second week of paternity leave is paid at statutory paternity rate. Leave must be taken within 56 days (8 weeks) of the actual date of birth of the child or in the case of adoption, 56 days (8 weeks) of the placement date. If the child is born early, leave can be taken within the period from the actual date of birth up to 56 days (8 weeks) after the expected week of childbirth. Individuals must notify the Principal of their intension to take paternity leave by the end of the 15th week before the expected week of childbirth. For an Leave of Absence Policy 17 | P a g e 4 8 See Family Friendly Guidance adopted child, the employee must give notification within 7 days (unless not reasonably practicable) of being notified by the adoption agency of a match with a child. 4.2. Ill-Health Related Maximum days per term (unless stated otherwise) Paid/Unpaid Subject to operational requirements employees may be given reasonable time off. Time off is discretionary Pay is discretionary 2. Bone marrow donors Subject to operational requirements employees may be given time off to donate bone marrow. This may include examinations prior to the donation and hospitalisation and recuperation. Up to 3 weeks per year - discretionary Pay is discretionary 3. Cancer screening Routine cancer screening (for example cervical cancer screening and breast examinations) should take place outside normal working hours. Where this is not possible, or where the screening is nonroutine, leave of absence should be granted for the purpose of attending such appointments Time off as and when – mandatory due to conditions 0f service Paid – mandatory due to conditions of service 4. Dental treatment All dental appointments should where possible be arranged outside the employee’s normal working hours. However, the Academy recognises that in Up to 2 days for urgent treatment discretionary Pay is discretionary Type of absence Details of leave provision 1. Blood donors Leave of Absence Policy 18 | P a g e 4 8 Further information Any further requests for leave for this reason require Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid emergencies it may be unavoidable for an employee to be absent during the normal working day for urgent dental treatment. approval by the Principal 5. Disability The Disability Discrimination Act 1995 provides the right for disabled people to request to work reduced hours if this will enable them to remain in post and it is a reasonable adjustment for the employer. Employers also have a duty to make reasonable adjustments to the workplace, provisions, criteria or practice. N/A N/A 6. Elective surgery Requests to attend medical appointments relating to elective surgery will be considered in the light of individual circumstances and the opportunity for the applicant to use annual leave (where applicable) or Academy closure periods for all or part of the absence. Time off is discretionary Pay is discretionary 7. Medical appointments and treatment Wherever possible employees should arrange to attend medical appointments outside of their normal working hours. Where this is not possible, or where emergency treatment is needed, time off may be granted. Time off is discretionary subject to the operational needs of the Academy. Pay is discretionary 8. Sickness An employee who is unable to attend work due to Leave of Absence Policy Further information Paid according to statutory and 19 | P a g e 4 8 See Disability at Work Policy Type of absence Details of leave provision absence sickness must contact the Academy as soon as possible on the first day of absence. Maximum days per term (unless stated otherwise) Paid/Unpaid Further information contractual provisions See Sickness Absence Management Policy Wherever possible contact should be made by telephone to the Principal/Vice-Principal, other member of senior staff, giving an indication of the nature of the illness and its likely duration; any work matters that may need to be attended to; the first day of illness; and if the sickness absence results from an accident at work this should be reported immediately, together with details of to whom the accident was initially reported. 4.3. Government-Related Duties Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid 20 days - Pay is discretionary 1. Court Appearances 1a. As a witness Leave of Absence Policy 20 | P a g e 4 8 Further information Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid Further information discretionary 1b. As the accused Employees are entitled under national conditions of service to receive paid leave of absence for jury service 1c. As a juror 2. Criminal Injuries Compensation Board Subject to operational requirements employees who make a claim to the criminal injuries compensation board may take paid time off to attend the board. 3. Elections – candidates Employees standing as a candidate at local or central government elections. 10 days discretionary Pay is discretionary Duration of service Paid, less the loss of earning entitlement under the juror’s allowance regs Time off is discretionary Pay is discretionary Discretionary – Pay is discretionary 1 day on the day of the poll 1 day if the count is on a different day Pay is discretionary 4. Fire-fighters retained Subject to operational needs, retained fire-fighters are entitled to paid time off for fire fighting duties. Discretionary - 2 weeks per year Pay is discretionary 5. Police officers and Special constables Subject to operational requirements, discretionary leave can be given in recognition of employees who are special constables. The expectation is that this Time off for support staff is discretionary. Pay is discretionary Leave of Absence Policy Due to conditions of 21 | P a g e 4 8 See Leave of Absence Managers’ Guidance Authorisation is discretionary depending on operational requirements. Authorisation to become a special constable should be Details of leave provision Maximum days per term (unless stated otherwise) leave will be given at or around the time of any training in recognition of an employee’s extra work as a special constable. service teachers will only be granted leave in exceptional circumstances Type of absence Paid/Unpaid obtained from the Principal in advance to ensure that the duties of a special constable will not conflict with their role 6. Professional bodies – service on E.g. National Joint Council for Local Government Services. 15 days per year discretionary Pay is discretionary 7. Public bodies – service on Justices of the Peace Pay is discretionary Members of a local authority Statutory right to have time off up to 26 days per year Members of a statutory tribunal Members of a relevant health body, for example health trusts Members of a relevant education authority, for example, maintained school or college Governing Body. Members of a Board of Visitors for prisons, remand centres and young offender’s institutions Leave of Absence Policy 22 | P a g e 4 8 Further information Type of absence 8. Reservist Duties Details of leave provision Members of a police authority Members of The Teaching Agency Volunteer reservists, for example Territorial Army, Royal Naval Volunteer Reserves, Royal Marines Reserves and Royal Auxiliary Air Force or regular reservists, ex regular servicemen who may retain a liability to be mobilised. Teachers- Leave of absence is at the discretion of the Principal and due to conditions of service will only be granted in exceptional circumstances. Support staff – Leave of absence for training or voluntary service is at the discretion of the Principal. 9. Trade Union (TU) activities (including union learning reps) Reasonable time off will be granted for recognised TU stewards and TU members to attend official TU meetings. Subject to operational requirements reasonable paid time off will be granted for recognised TU shop stewards, health and safety reps, learning reps for the purposes of representing branch members, attend official TU meetings etc. Maximum days per term (unless stated otherwise) Paid/Unpaid Further information Teachers will only be granted discretionary leave in exceptional circumstances. Pay is discretionary See Leave of Absence Managers’ Guidance Support staff may be granted 2 weeks’ leave per year. (15 days’ continuous training.) Statutory – reasonable time off and according to the agreements reached between the employer and the appropriate TU. Reasonable paid time off will also be granted for Leave of Absence Policy 23 | P a g e 4 8 Pay is discretionary Statutory - paid Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid Further information any training necessary for the TU role undertaken. Branch members may be given paid time off to travel to and attend the branch AGM. 4.4. Training-Related Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid Further information 1. Time off to Train An employee has a statutory right to request leave to undertake training which they believe will improve their effectiveness in their role and overall performance of the Academy. Discretionary depends on the course requirements and operational needs of the Academy Pay is discretionary – depends on the course and its benefits to the individual and the Academy See Leave of Absence Managers’ Guidance 2. Study leave and examinations Leave may be requested for periods of study to prepare for examinations. The employee must notify the Principal as soon as possible of dates and reasons for leave. Time off to study for exams is discretionary Pay is discretionary See Leave of Absence Managers’ Guidance Leave of Absence Policy 24 | P a g e 4 8 4.5. Other leave Type of absence General Details of leave provision The Academy recognises that employees may on occasion need to take time off for a variety of reasons that do not fall within any of the other categories set out within this policy. The Principal will consider the following factors: Maximum days per term (unless stated otherwise) Paid/Unpaid Time off is discretionary Pay is discretionary the circumstances surrounding the request where applicable, any outstanding annual leave the employee may have (although having unused annual leave would not rule out leave being granted, especially for compassionate or carer’s leave); any previous requests for leave of absence; the employee’s attendance and absence record. the number of days special leave requested. the employee’s employment history staff cover arrangements and workload. Leave of Absence Policy 25 | P a g e 4 8 Further information Type of absence 1. Career Breaks Details of leave provision An extended period of absence from work, after which the employee intends to return to work. To be eligible the employee must have: at least 2 years’ service with their current employer Maximum days per term (unless stated otherwise) Paid/Unpaid Further information Discretionary - up to a maximum of 5 years after date of resignation. Unpaid See Leave of Absence Managers’ Guidance satisfactory performance in all aspects of work. a satisfactory attendance and conduct record The scheme is likely to be attractive to employees who wish to take a break for care commitments, either for children or elderly relatives, or other reasons i.e. to undertake fulltime education An employee needs to satisfy the Principal that the reason for the break is justified. Note: a career break will result in a break in continuous service. However, where a career break is taken for reasons connected with caring for children/dependants, the employee is entitled to have previous service taken into account for maternity leave and sick leave purposes only, as long as the break has not exceeded 8 years and the individual has not taken Leave of Absence Policy 26 | P a g e 4 8 Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid up any full time, permanent paid jobs during their break from service. Reasonable contact between the employee and the Academy must be maintained during the period of absence. 2. Holiday All employees are entitled to paid time off. Statutory - paid Details are set out in the contract of employment and the School Teachers’ Pay and Conditions Document. 3. Job-seeking and retraining in a redundancy situation 4. Moving house An employee who is being made redundant can take reasonable time off with pay to look for another job or to arrange training. If an employee, who is not being made redundant, is undertaking a search for alternative employment in a redundancy situation, consideration will be given to the operational requirements of the Academy and individual circumstances. Employees should make all efforts to move house outside of their normal working hours. Where this Leave of Absence Policy Statutory – reasonable time off Time off is discretionary 1 day – on the day of removal discretionary 27 | P a g e 4 8 Statutory - paid Pay is discretionary Pay is discretionary Further information Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid 15 days per year – discretionary Pay is discretionary Normally up to 12 months. Discretionary – according to operational needs of the Academy Paid, the employer remains the same and therefore terms and conditions will remain the same. Further information is not possible or where an employee is moving to take up his/her post at the Academy, sympathetic consideration will be given to granting leave of absence. 5. Religious observance The Academy recognises the importance of religious observance and will attempt to accommodate the needs of the employee, including, for example, time away from work during the day for prayer or to accommodate periods of fasting. Employees whose religious duties are not covered by weekends or the current statutory bank holidays may request time off for religious festivals. 6. Secondments A temporary transfer of an employee from one organisation to another associated organisation for operational or project purposes. The secondment will be governed by an agreement between all parties involved. The employee will usually be expected to have worked for 12 months before being considered for a secondment. Secondments will not break continuous service. Leave of Absence Policy 28 | P a g e 4 8 See Leave of Absence Managers’ Guidance Type of absence Details of leave provision Maximum days per term (unless stated otherwise) Paid/Unpaid 7. Weather – severe conditions Where severe weather conditions prevail, for example snow or flooding, employees are expected to make every effort to attend work, using alternative modes of transport where possible. Where an employee, as a result of using an alternative form of transport (or where there are severe traffic/ weather conditions using their normal mode of transport) arrives at work late and/or has to leave work early, they will be credited with a standard working day. Employees who are genuinely unable to attend work should, where possible and with the agreement of the Principal, work from home or attend an alternative place of work. N/A Pay is discretionary Leave of Absence Policy 29 | P a g e 4 8 Further information Dates Employees were consulted on this document during It was ratified by the Academies Enterprise Trust Board Oct – Nov 2010 19/06/2012 David Triggs, AET Chief Executive Officer Signature: …………………………………………………………. Print Name: D. A. Triggs Date: 19/06/2012 Leigh Shelley, AET HR Director Signature: …………………………………………………………. Print Name: L. H. Shelley Date: 19/06/2012 Chair of Board of Governors Signature: …………………………………………………………. Print Name: …………………………………………………………. Date: …………………………………………………………. Leave of Absence Policy 30 | P a g e 1 1 Leave of Absence Policy Part 2: Managers’ Guidance Leave of Absence Policy 31 | P a g e 4 8 1. Career Breaks A career break is an extended period of unpaid absence from work, after which it is the intention of the Academy to make every effort to provide re-entry to employment at a mutually agreed time, normally not more than 5 years after the date of resignation. This will be at the equivalent grade, but not necessarily to the same job. 1.1. Eligibility A career break can be requested when a lengthy period away from work is required to, for example, care for a child or children, to care for an elderly or sick relative, to undertake full time education, foreign travel or for some other approved reason. The Principal will give all requests serious consideration. To be eligible for a career break an employee must have: At least two years’ continuous service with the current employer. continuous employment at one of the Company’s Academies. Current employer means Satisfactory performance in all aspects of work. A satisfactory record in relation to attendance, sickness absence and conduct. The arrangements are designed for all staff, but in making a decision a Principal may also take into account any scarce skills the employee may have which are likely to remain useful to the Academy in the future 1.2. Notification An employee must put their request in writing to the Principal. If a career break is agreed, it will be open to the employee at the appropriate time to resign from his/her post and state the intention to take a career break. 1.3. Contact During the time away from work the following must occur: The employee agrees to keep their knowledge of the work up to date. This may include occasional visits to the Academy, reading reports and other documents, and where agreed and where possible, working for short periods for example to cover staff absence; A named contact from the Academy will keep the employee in touch with Academy issues. Training may be arranged to bring the employee up to date prior to their return to work. 1.4. Returning to work The Academy will make every effort to provide a return to work at the equivalent grade, but not necessarily to the same job. If the employee decides not to return to Academy either during or at the end of their career break, they must notify the Principal in writing. The employee must comply with the notice periods and the notification procedure contained within their contract of employment. Leave of Absence Policy 32 | P a g e 4 8 1.5. Impact on previous service There is no entitlement to continuous service during the career break. The contract of employment will end when the employee leaves work, and a new contract will be issued when work is resumed. A career break will mean that previous service is lost for the purposes of statutory employment rights such as redundancy payments and protection against unfair dismissal. Where an employee returns to the Academy or local government service following a break for maternity reasons, or reasons concerned with caring for children or other dependants, he or she will be entitled to have previous service taken into account in respect of sickness and maternity schemes provided that the break in service does not exceed eight years and that no permanent paid full-time employment has intervened. 1.6. Impact on pension It is the employee’s responsibility to ascertain the effect any career break would have on their pension. 2. Time Off To Train From 6 April 2010, the right to request time off to train will apply to all employees in businesses with 250 employees or more. Employees' requests can be to undertake accredited programmes leading to a qualification, or for unaccredited training to help them develop specific skills relevant to their job, workplace or business. While employee requests may involve agreeing time away from their duties, the primary focus of the new right is about agreeing relevant training with your staff. Principals/Line Managers are required to consider any requests and respond within a set timeframe. You can turn down requests when you have a good business reason to do so, including where you do not believe the training will help improve their effectiveness and the overall performance of the Academy. Any appeal against a decision for time off to train will be heard by the Governing Body. Please note, where an employee makes an application for financial assistance for Post Entry Learning, you should also read item 3 - Post Entry Learning of the Leave of Absence Guidance in conjunction with this procedure. In this situation, an individual learning agreement must be agreed and signed by the employee and the Governing Body. 2.1. Eligibility Criteria To make a request for time to train an individual must: be an employee have at least 26 weeks’ continuous service on the date they make their request The following groups do not have the right to request time to train, however you can consider requests from them if you so wish: Leave of Absence Policy 33 | P a g e 4 8 agency workers young people of compulsory school age young people who already have a statutory right to paid time off to undertake study or training (s.63A of Employment Rights Act 1996) 16 or 17 year olds who are already under a duty to participate in education or training as a result of Part 1 of the Education and Skills Act 2008 18 year olds who are treated as if Part 1 of the Education and Skills Act 2008 applies to them 2.2. What Type of Training an Employee Can Request Employees can make requests to undertake any training which they believe will improve their effectiveness and the overall performance of the Academy. Employees can request training that is delivered in whichever way they believe is most appropriate and effective, e.g. they might request training which would be: undertaken on the Academy premises or elsewhere, including the employee's home; delivered whilst they are performing their employment duties or separately; provided or supervised by the Academy, a local college or training provider; undertaken without supervision. There is no limit on the amount of time or the amount of study or training that an employee can request. Employees can ask to undertake more than one piece of training in a single request for time to train. 2.3. Payment for Time Spent Training Employees do not have the right to be paid for the time spent training when you agree to their request. However, you may agree to this recognising the value of the investment. It may be that you agree to their request for time to train, and reach agreement with the employee that they will work flexibly to make up the time spent training, or that they will take unpaid time off to train. You are only required to consider one request from an employee in any 12 month period unless the employee has requested that you ignore an earlier request. If an employee submits more than one request in a 12 month period, you should inform them within 28 days if you do not intend to consider it. 2.4. Invalid Requests and Withdrawals If you consider an employee's request to be invalid because it does not include all of the necessary information, you should notify the employee within 28 days. You must also inform them of the Leave of Absence Policy 34 | P a g e 4 8 reason why you consider the application is invalid. The employee may then revise and resubmit their request. 2.5. Withdrawal of a Request by an Employee An employee may withdraw a request at any time before you have notified them of your decision. They can notify you orally or in writing. If you do not receive written notification from the employee that their request is withdrawn, you must confirm the withdrawal of the application to the employee in writing. If an employee withdraws a request, it will still count as a request that you have received. There are three circumstances in which the employee, having submitted a further request, may ask you to ignore an earlier request submitted within the last 12 months. These are: where the employee notifies you that they mistakenly submitted an earlier request before 12 months elapsed and they wish to withdraw the earlier application; where the employee did not undertake training that was agreed following a request because the training was cancelled, unless this was due to their own conduct in relation to the training; where the employee failed to start training that was agreed as part of a request because of some unforeseen circumstance beyond their control. In these circumstances, you must ignore the fact that the employee submitted an earlier application, and consider their present request. 2.6. Timescales Within 28 days of receiving a valid request you must either: accept the request on the basis of the information set out in the individual's request and inform the employee of your decision in writing; or meet with the employee to discuss their request, then within 14 days of that meeting, you must inform the employee of your decision in writing If the Line Manager/Principal who would normally deal with the request is absent from work on the day the application is received, the 28 day period will begin on the day that Line Manager/Principal returns to work. The timescales for holding meetings and issuing notices of decisions on applications and appeals can be extended by agreement with the employee. Such an agreement must be recorded in writing and a copy given to the employee. The record of agreement to extend these timescales must: specify what period the extension relates to; specify the date on which the extension is to end; be dated. Leave of Absence Policy 35 | P a g e 4 8 If you have received a valid request but you need additional information before you can give the request proper consideration, you can ask the employee to provide additional information. If the employee refuses to provide you with additional information, you can treat their request as withdrawn. To do this, you must inform the individual in writing that you consider their request to be withdrawn. 2.7. Considering Whether to Accept or Reject a Request There may be cases where you are content to accept the request, but think the training need can be met in a different way, e.g. you may be aware of different courses or qualifications that you believe would better meet the training need. In such cases, you will need to discuss the employee's request with them before reaching your final decision and confirming it in writing to the employee. Once the training method has been agreed you will need to consider how the costs of the training will be met. You do not have to pay for training, but you may choose to do so. You may only refuse an employee's request for any of the following business reasons: the training would not improve the employee's effectiveness in the Academy; the training would not improve the overall performance of your Academy; the burden of additional costs; agreeing to the request would have a detrimental effect on the ability to meet the operational needs of the Academy; you would be unable to reorganise work among existing staff; you would be unable to recruit additional staff; agreeing to the request would have a detrimental impact on quality; agreeing to the request would have a detrimental impact on performance; there are planned structural changes during the training period. 2.8. Meeting an Employee to Discuss their Request The employee has a statutory right to be accompanied at a meeting by a work colleague or trade union representative. The Academy may allow an employee to be accompanied by someone who does not work for the Academy, e.g. if the employee has special needs. In such a case, the companion can address the meeting and confer with the employee during it If the companion is unable to attend the meeting, the employee can ask you to rearrange the meeting. The time the employee proposes must be convenient for all attendees, and should take place within 7 days of the date originally proposed for the meeting. If the employee more than once fails to attend a meeting or an appeal meeting without reasonable cause, you can treat the request as withdrawn. You should confirm in writing that the application is withdrawn. Leave of Absence Policy 36 | P a g e 4 8 2.9. Communicating the Decision Once you have considered the employee's request and reached a decision, you should confirm that decision to the employee in writing. You must confirm the details of your agreement to an employee's request in writing, including the following details: the subject of the training; where and when you expect that it will take place, and over what period; who will provide or supervise the training; what qualification (if any) the training will lead to the award of; how the training time will be taken, e.g. whether it will be paid, unpaid, or whether the employee will work flexibly whilst undertaking the training; how the costs of the training will be met. An employee might request more than one type of training at once. You could decide to agree to part of the application and refuse another part. The decision notice must include the information above and make clear which part of the application you agree to and which part you refuse. If you decide that you cannot accommodate an employee's request, you must inform them of your decision in writing, setting out: for which of the business reasons you are turning down their request; why the business reason, or reasons, apply in their circumstances; the appeal procedure; the date of the notice. 2.10. Internal Appeals Process An employee can appeal to the Governing Body against the decision. They must make their appeal in writing within 14 days of receiving your written notice refusing their request or part of their request. The appeal notice must be dated and must set out their grounds for making the appeal. An employee might appeal because they want to either: challenge a fact you gave to explain why the business reason(s) applies; bring to your attention something of which you were not aware when you rejected the application, e.g. another member of staff is now willing to cover the hours during which the employee wishes to train. There are no restrictions on the grounds for this appeal. Leave of Absence Policy 37 | P a g e 4 8 You must act within 14 days of receiving the employee's appeal notice. If you decide to accept the appeal, you should write to the employee setting out the same information as is required when accepting an initial request. Leave of Absence Policy 38 | P a g e 4 8 Appendix 1 Model Career Break Letter Dear Career Break Scheme Thank you for your recent letter giving me formal notice that you wish to terminate your employment with………………< academy name> Academy and take advantage of the career break scheme. I confirm that your last day of service will be <last date of service>. I am pleased to confirm that I am agreeable to your taking a career break, which is anticipated to last until <end date>. During the break you are required to co-operate with arrangements made with you to assist in keeping your knowledge up to date and to maintain contact with the Academy. I enclose a copy of the employee guidance on career breaks for your information and retention. Although no absolute guarantee of a job at the end of the break can be given, the Academy will make every effort to re-employ you at your current point (grade?) but not necessarily to the same post. During your career break you should comply with the following: Keep your knowledge of the work up to date. This may include occasional visits to the Academy, reading reports and other documents, and where agreed and where possible, working for short periods for example to cover staff absence; …………… (name) from the Academy will keep you in touch with Academy issues. Training may be arranged to bring you up to date prior to your work. Your contract of employment will end when you leave the Academy to commence the break and a new contract will be issued when, and if, you start work again. If you decide during or at the end of your career break not to return to the Academy, please notify me in writing, providing the correct period of notice in accordance with your contract of employment. This arrangement is made in good faith and rests upon the willingness of both parties to meet the requirements of the scheme and the circumstances at the time. Yours sincerely Leave of Absence Policy 39 | P a g e 4 8 Appendix 2 Procedure for public duties’ claims 1. Employee goes on Jury service/magistrate/JP duty. 2. Employee receives “loss of earnings” claim form from county court. 3. Loss of earnings form completed and authorised by Academy. 4. Loss of earnings form sent to payroll. 5. Loss of earnings form sent back to county court and Academy. 6. Amount on form deducted from the Academy’s salary budget for the period employee on jury service. Employee receives salary from the court to cover loss of earnings. 7. Academy sends public duties claim form to the relevant County Court 8. Academy is credited back the appropriate rate for supply cover costs. Leave of Absence Policy 40 | P a g e 4 8 Appendix 3 Public duties’ claims form Academy Name_________________________________ Cost Code ___________________ Union duties This covers any Union meetings. Name of employee _________________________ Union name ________________________ Dates and details of any meetings during this claim period ____________________________ Actual cost of supply cover for ______________ (please enter month of claim) £___________ Jury service This covers any members of staff attending Jury service. Name of employee _____________________________________________________________ Details and dates _____________________________________________________________ No. of days ____________________________________________________________________ Actual cost of supply cover for ___________ (please enter month of claim) £________________________ Daily amount deducted by Payroll £_______________________ County Court meetings This covers any member of staff attending court meetings such as magistrate’s duties or Justice of the Peace. Name of employee _____________________________________________________________ Details and dates _____________________________________________________________ No. of days _____________________________________________________________ Actual cost of supply cover for ____________ (please enter month of claim) Payment details Please credit our Academy with the total amount claimed for this month by: (please tick) BACS payment Journal transfer Leave of Absence Policy 41 | P a g e 4 8 Appendix 4 Sample secondment agreement Agreement between the Governing Body and Principal of the _________________________ Academy and the Governing Body and Headteacher/Principal of the ________________________________ school/academy Secondment of teaching/support staff to:________________________________ (state reason) 1. 2. 3. This agreement sets out the terms and conditions governing the secondment of the member of staff. The details are as follows: a. Name of member of staff:__________________________________________________ b. Current employment position:______________________________________________ c. Salary grade/allowance:___________________________________________________ d. Period of secondment:____________________________________________________ The Governing Body and Headteacher/Principal of the __________________________________________ school/academy agree to: a. Release the member of staff for the period of secondment; b. Reinstate the member of staff to their previous post immediately following the period of secondment (or to another post if agreed between the member of staff and the Governing Body and the Headteacher/Principal); and c. Meet the salary and associated costs for the member of staff except those attributable to the period of secondment. The Governing Body and Headteacher/Principal ______________________________________ school/academy agrees to: of the a. Accept responsibility for the management of the member of staff during the period of secondment; and b. Meet the salary and associated arising during the period of secondment c. That in the event of foreshortening the period of secondment will consult the Governing Body and the Headteacher/Principal of ________________________________________________ School/ Academy before instructing the member of staff to return to the school/academy. In any event the Governing Body and Headteacher/Principal of ___________________________________________ School/Academy will give one month’s notice to the Governing Body and the Headteacher/Principal of the return of the member of staff or make a payment of one month’s salary to the school’s/academy’s budget in lieu of notice. Leave of Absence Policy 42 | P a g e 4 8 (School/Academy 1 name) Signed ……………………………………………………………………………………. Date……………………………. (Chair of Governors) Signed ……………………………………………………………………………………. Date……………………………. (Headteacher/Principal) (School/Academy 2 name) Signed ……………………………………………………………………………………. Date……………………………. (Chair of Governors) Signed ……………………………………………………………………………………. Date……………………………. (Headteacher/Principal) Leave of Absence Policy 43 | P a g e 4 8 Appendix 5 Individual learning agreement I apply for support to undertake the qualification as detailed below: Title of qualification/programme of study Stage/level Provider/college Proposed date of commencement Expected completion date Method of study a. b. Fees Course/study fees including registration and examination fees £ Books/equipment £ Travelling per year (please estimate) £ Subsistence (please estimate) £ Other £ Release from the workplace as detailed above to undertake the study programme and site relevant examinations as appropriate I understand that if I were to: i. Fail to sit for an examination or submit a piece/pieces of works for an assessment and/or ii. fail to show satisfactory progress in my course of study and/or iii. Discontinue the course of study without good reason, following a review, the Academy Governing Body may withdraw financial assistance detailed in Section (a) above and withdraw the facility for release from the workplace as detailed in Section (b) above. I understand that also as a result of this review, I may be asked to Leave of Absence Policy 44 | P a g e 4 8 repay all or part of the financial assistance received, as detailed in Section (a) above. I understand the continuation of support under (a) and (b) above, whether for a second or succeeding stage of study or for a second attempt at an examination or assessment, will be granted only if I have passed the appropriate examination or assessment or have otherwise made satisfactory progress in my studies. I understand that should I leave the employment of the Company before completing the whole or defined part of the qualification, I will be required to repay all or part of the financial assistance received as detailed at Section (a) above. I understand that signing this individual learning agreement requires me to remain in the service of the ……………………………….Company for a period of 2 years from the date on which I complete the programme of study/obtain the qualification. I understand that if I do not comply with this requirement, I will be required to repay all or part of the financial assistance received, as detailed in Section (a) above. Signed (Employee) Date Name Signed (on behalf of the Academy Governing Body) Date Name Approval given to financial support as detailed above for those items ticked below:: Fees Textbooks Leave of absence Travel costs Subsistence costs (*please tick those that apply) Leave of Absence Policy 45 | P a g e 4 8 Appendix 6 Time Off To Train Request Form NAME:……………………………………………………………………………………………. I wish to apply for time off to train under Section 63d of the Employment Rights Act 1996 I would like to undertake the following type of training: …………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………….. The training will take place at: …………………………………………………………………............................... The training takes place on (please state duration of the training, commencement and finish date, the days/times when you propose to attend) ……………………………………………………………………………………………………………………………………………... ……………………………………………………………………………………………………………………………………………… Please describe how the training would help you to improve your effectiveness in your role and improve the overall performance in the Academy: ………………………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………………………………. . The training would lead to the following qualifications (if applicable) ……………………………………………………………………………………………………………………………………………... ……………………………………………………………………………………………………………………………………………... The training would be provided by: (i.e. training provider/college) Leave of Absence Policy 46 | P a g e 4 8 …………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………….. Fees (if applicable) Course/Study Fees including registration and examination fees £ Books/Equipment £ Travelling per year (please estimate) £ Subsistence (please estimate) £ Other £ Date:……………………………………………….. Signature:………………………………………………………………… This form should be sent to your Principal for consideration To: Principal Date:……………………………………………….. Signature:………………………………………………………………. Reasons for acceptance/refusal ………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………….. (Note, where there are costs incurred, an individual learning agreement contained in the Leave of Absence Policy will need to be completed) Leave of Absence Policy 47 | P a g e 4 8 APPENDIX 7 Glossary and Status of the Policy and Guidance Glossary Throughout this policy and guidance (where applicable), the terms shown below will have, or include, the following meanings: Principal includes Headteachers where these are in post; Vice-Principal includes Deputy Headteachers where these are in post; Company refers to the Academies Enterprise Trust and London Academies Enterprise Trust; Department refers to the Department for Education and/or its predecessors and successors; Line Manager includes any members of teaching and support staff with management responsibility for other staff. Status This policy and/or guidance does not form part of any employee's contract of employment, unless otherwise stated, and it may be amended at any time. Leave of Absence Policy 48 | P a g e 4 8