LEAVE OF ABSENCE POLICIES
NUT BRIEFING
OCTOBER 2009
WHAT TO AIM FOR IN SCHOOL LEAVE OF ABSENCE POLICIES
School leave of absence policies should set out:
· what contractual entitlements to leave of absence are available to teachers at the school;
· for what activities/ purposes leave of absence will be granted;
· the length of the leave for each type of absence;
· whether leave will be paid or unpaid;
· who in the school has the authority to grant the leave.
School leave of absence policies must of course be compatible with local authority or other entitlements, and there is no power for contractual agreements which have been established at local authority or diocesan level to be undermined at school level. Some school representatives may not be aware of nationally or locally agreed contractual provisions on leave of absence and division secretaries are asked to circulate details of existing arrangements to school representatives.
The Union will resist re-negotiation of leave entitlements to the detriment of members. In particular, it will not be acceptable as a response to the introduction of the ‘rarely cover’ provision.
In some cases it may be that some re-negotiation can result in improvements to contractual leave entitlements. Division secretaries will be able to judge when to seek improvements in leave entitlements.
LEAVE OF ABSENCE AGREEMENTS AND POLICIES
It is important to distinguish between agreements which give rise to contractual entitlements and school policies which merely assist in the interpretation of the application of the contractual provision.
Leave of absence agreements established at local authority or diocesan levels may give rise to contractual entitlements for teachers. This will be the case where:
- an agreement is expressed in such a way as to give individual entitlements to teachers rather than giving ‘advice’ to governing bodies, and
- the teacher is employed by the local authority, or
- the teacher is employed by a governing body which has accepted that such agreements are incorporated into the contracts of teachers at their school.
Such leave of absence agreements give contractual rights, a breach of which will be unlawful.
A leave of absence agreement at school level may also give rise to contractual entitlements if the teacher is employed by the school’s governing body, such as in a voluntary aided school, foundation school or academy. Few voluntary aided schools are likely to have established leave of absence entitlements other than those provided for at local authority or diocesan level.
The following categories of absence should be included in Agreements:
- hospital, GP, clinical and dental appointments;
- compassionate leave for bereavement and illness of close relatives where there is a caring responsibility;
- moving house;
- accompanying children and close relatives to hospital or GP appointments;
- domestic emergencies such as a gas leak or flood;
- attendance at children’s milestone celebrations, for example graduations or school performances.
Agreements for leave of absence should where possible be for paid leave.
It may be appropriate to include provision for leave for religious observance and celebration of festivals and disability leave in the general policy or these may form part of separate negotiated policies.
DISCRETIONARY LEAVE ARRANGEMENTS
In schools where the local authority is the employer, collective agreements on absence made with the local authority will form part of teachers’ contracts. Any attempts to re-negotiate school policies with a result that teachers’ contractual rights to leave of absence are lessened will not be valid.
Difficulties may arise when diocesan or local authority policies contain certain categories of leave granted at the discretion of the head teacher and/or the governing body. Where possible it is of course preferable that entitlements provide for only limited exercise of discretion at school level in order that the entitlements are not in effect undermined.
CONTRACTUAL ENTITLEMENTS
Under the Burgundy Book, all teachers have the following contractual rights to leave:
1. Leave for Examinations
1.1 Paid leave from duties in connection with external examinations shall be available to teachers in certain circumstances. The "Memorandum of agreement for the release of teachers" which has been formally agreed by the teachers' unions, the National Employers' Organisation for School Teachers, the Council of Local Education Authorities and the Joint Council for the GCSE is set out at appendix II of the Burgundy Book.
1.2. The principles and procedures set out in the Memorandum have been adopted by the examination groups and boards for the purpose of the GCSE, GCE advanced level and A/S examinations.
2. Leave for Jury and other Public Service
2.1 Teachers shall have entitlements comparable with those of local authority officers so far as paid and unpaid leave entitlement is concerned for jury and other public service.
3. Leave for Accredited Representatives of Recognised Teachers' Organisations
3.1 Teachers who are also accredited representatives of recognised teachers’ organisations shall be afforded union facilities and rights in consequence of their position.
4. Leave for Other Purposes
4.1 Although there are no national agreements for leave with or without pay for other purposes such as participation in Parliamentary elections or as a national representative in sport, an authority shall make known to their teachers any provision they may have.
Pregnant women are entitled to paid leave to attend ante-natal appointments (including parentcraft classes) and it is recommended that fathers or partners are allowed paid time off to accompany their partners to ante-natal appointments.”
SCHOOL ABSENCE POLICIES
School absence policies must be compatible with contractual entitlements and must not be implemented in such as way as to undermine those contractual entitlements.
At school level discussions, it is important to note the following;
· there must be no conflict between contractual entitlements and a school absence policy;
· where a measure of discretion is given to the head teacher, that discretion must be exercised fairly and must not result in any discriminatory outcomes in relation to the granting of leave;
· teachers do not have annual leave in the same way as other professionals and do not, therefore, have the flexibility to arrange time off during term time; all head teachers must have regard to the work/life balance of teachers;
· the Union is prepared to take legal and collective action to protect both contractual rights and custom and practice at school level. Where appropriate, the Union will consider ballots for industrial action.