For use in conjunction with the College’s
Attendance Management Policy
Leave Procedure
College Governance Status
This policy was introduced in March 2008 following guidance from North Yorkshire County Council. It was reviewed and formally adopted by the Governing Body on 18 March 2009. It will be renewed in the light of new Local Authority or Government guidance or every three years.
Review dates / By Whom / Approval dateOctober 2012 / Staff and Governors / 17.10.12
Signed by the Chair:
______
Contents Page
Summary of leave entitlements 2-10
Section 1
Introduction 11
Adoption Leave 11
Antenatal Appointments 11
Annual Leave 11-17
Bad weather / Emergency 17
Compassionate Leave 18
Dependants, Emergency, Special and Extended Leave 18-19
Fertility treatment 19-20
Flexi-leave 20
Gender Reassignment 20
Maternity Leave 20
Maternity Support 20
Medical Appointments 20-21
Parental Leave 21
Paternity Leave 21
Public Service 22
Religious Festivals/Holidays guidelines 22 -23
Study Leave 23
Section 2
School Leave entitlements 23-27
ACCESS: if you require this information in an alternative format, such as large type, audio cassette or Braille, please contact the HR Policy and Support team, on 01609 532593 /2817
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NWhere schools wish to use the NYCC Policy the Governors will need to formally adopt it, otherwise the schools Personnel Manual provisions apply, as set out in section two.
?Please refer to the relevant section of this document for full details as this is a summary chart only (hyper-links are provided in the first column to the left)STAFF GROUPS AND KEY
R = applies to this group / S = statutory n/a =not apply
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
(Centrally
Employed) / JNC
Y&CW
Adoption
S2.0 / Applies to an adoptive parent who is the primary carer / Ordinary Adoption Leave of 26 weeks and Additional 26 weeks’ adoption leave.
Occupational and/or statutory pay applies, dependent on service. / R
S / R
S / R
S / R
S
Annual
S4.0 / Paid holiday for all NJC employees. ‘Leave year’ from 1st April to 31st March.
Pro-rata for part-time employees / Continuous Service length / Days leave per year
0-12 months / 22
1 year / 23
2 years / 24
3 years / 25
4 years / 26
5 years / 27
10 years / 30
15 years / 33
/ R
See grid to left
Staff working term time only have pro-rata
Leave included in salary / R
32 days / n/a / 32 days annual leave rising to 37 after five years service pro rata
S/R
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
Ante-Natal
S3.0 / Care during pregnancy including relaxation and parenting classes. / Paid time off for ante-natal care is given to all staff (no conditions apply). Managers can ask to see appointment cards. / R
S / R
S / R
S / R
S
Bad Weather / Emergency
S5.0 / Staff prevented from attending work by severe weather, epidemics, fuel shortages etc. / Where managers are satisfied that all reasonable efforts have been made to attend work, time off may be with pay. Otherwise absence should be taken as annual leave. Expect staff to work from home if they can. / R / R / R
Compassionate
S6.0 / Bereavement within family, including in-laws, step families and grandparents.
Attending seriously ill dependants. / Up to 5 days paid leave where the arrangements are the primary responsibility of the employee.
Up to 3 days paid leave in other cases. See also Special Leave. / R / R / R
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
Dependants
S7.0 / Available to all employees with dependants.
A dependant is the husband, wife,
or partner, child or parent of the employee and also includes someone who lives in the same household as a member of the family, but not tenant or boarder or live-in employees. / Up to 2 days unpaid leave when an emergency arises regarding a dependant. This is a statutory provision.
?See page 11 / R
S / R
S / R
S
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
Emergency
S7.4 / For serious home or domestic problems / Unpaid time off not normally more than one working day, with manager’s agreement.
?See page 12 / R
S / R
S / R
S
Extended Leave
S7.6 / All employees who wish to take an extended, unpaid leave break for career or personal reasons / Unpaid leave at manager’s discretion.
( replaces Career Break Scheme ) / R / R / R
Fertility
Treatment
S8.0 / Leave to attend hospital for treatment / Credited medical leave for hospital appointments up to a maximum of 10 visits. / R / R / R
Flexi-leave
S9.0 / Leave taken with manager’s approval using hours accrued under the flexi-time scheme / Up to 12 days leave per year in half or full days: no more than 2 days per month. Carry forward no more than 15 hours credit or 7.5 hours debit per month. Pro-rata for part-time staff. / R / R
(refer to local arrangements in CYPS) / N/A
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
Gender Reassignment
S10.0 / Employees undergoing gender reassignment. / Credited medical leave for Hospital appointments. Own time for other treatment such as hair removal. / R
S / R
S / R
S
Interview leave / Leave to attend interviews for other NYCC post or other Local Authority post up to one day / Leave with pay / R / R / R
Maternity
S11.0 / Applies to women who are pregnant / Ordinary Maternity Leave of 26 weeks for all. 26 weeks additional leave. Occupational and/or statutory pay applies dependent on service. / R
S / R
S / R
S / R
S
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
Maternity
Support leave
S12.0 / An employee chosen by the expectant parent to be the primary carer when the child arrives. / 1 weeks paid leave / R / R / Teaching staff excluded via burgundy book but have complementary Paternity Leave provision see schools section / R
Medical
Appointments
S13.0
S13.1
S 13.2 / Hospital/Clinic Appts
Doctor/Dental
Opticians Appts
Specific Medical Appts / As detailed in the sections stated / R / R / R / R
Parental
S14.0 / Available to all with parental responsibilities / Up to 13 weeks unpaid leave before the child’s 5th birthday, or 18 weeks unpaid leave before the 18th birthday of a child receiving disability allowance.
Parents of adopted children are entitled to up to 13 / R
S / R
S / R
S / R
S
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
weeks unpaid leave in the first five years following placement, provided this is not later than the child’s 18th birthday
Paternity
S15.0 / Men who have responsibility for the upbringing of a baby or adopted child. / Up to 2 weeks Statutory Paternity Pay (SPP) after 26 weeks continuous service. Alternatively, if eligible, 1 week Maternity Support Leave at normal pay plus 1 week Paternity Leave with SPP. / R
S / R
S / R
S / R
S
Public Service
S16.0
S 16.1
S 16.2 - 16.3
S16.4 / For specific public duties. Click on link for examples
Election Duties
Jury Service
Territorial Army Service or Non-Regular Forces / Up to 12 days paid leave, which can be extended at the discretion of the manager.
Paid time off (see section)
Paid time off (see section)
Leave to attend
Summer Camps
Paid time off, up to 12 working days incl trng days / R
þ
þ
þ / R
þ
þ
þ / þ / R
þ
þ
þ
Leave type and policy section / Description / Entitlement / NJC LG / Soulbury / Teaching
Centrally
Employed / JNC
Y&CW
Religious Matters
S17.0 Festivals
/Holidays
S 17.1 Prayer Times
S17.2 Banking Leave
S17.3 Fasting / Employees whose religious beliefs require the observance of festivals which fall on their work days and employees who wish to travel to attend religious gathering
See section details
See section details
See section details / Negotiated time off with Line Manager using annual leave, flexi leave, unpaid leave or lieu time. A number of days (unpaid) special leave can be taken to attend religious gatherings and festivals. / R
S / R
S / S / R
S
Study
S18.0 / Paid leave for work-related study. / Up to 1 day’s leave per exam to a maximum of 5 days. / R / R / R
Special
S7.5 / For personal or domestic reasons. / A number of days unpaid leave may be requested. / R / R / R
Trade Union Time Off / Please refer to the Trade Union Facilities Agreement on People Matters Website
Recommendation
While schools staff, support and teaching, work in a different environment where the (Corporate) Leave procedure may not always apply it is strongly recommended that school governing bodies adopt this procedure where they can. Where a type of leave is a statutory provision then governors must take steps to make sure that they are legally compliant and provide this type of leave where legitimately requested.
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Section 1 Leave Procedure
Introduction
1.0 This procedure applies to all employees of NYCC, unless specifically stated otherwise as in the summary chart at page 2-9 and where employees are employed in schools under local management arrangements.
1.1 Generally and where possible, leave should be requested and approved in advance. Some types of leave have a legal minimum period of notice required for requesting leave; for example 21 days notice of a request to take parental leave.
1.2 Employees are expected to consider the business needs of the service for which they work, and manager will try to accommodate individual’s needs and commitments outside of work wherever possible.
1.3 Leave entitlement will accrue from the start date of the employee and will need to be calculated pro-rata in this way to ensure compliance with the Working Time Regulations
Adoption Leave
2.0 Please refer to the Adoption Procedure
Antenatal appointments
3.0 All pregnant employees are entitled to paid time off to attend antenatal appointments. Time off for antenatal care should be paid at the employee’s normal rate of pay. Antenatal care may include relaxation and parent craft classes, as well as medical examinations related to the pregnancy. The entitlement to paid time off for antenatal appointments applies regardless of the employee’s length of service. The employer can ask for appointment cards/evidence except for the very first appointment.
Annual Leave
Bank Holidays
4.0 All employees are entitled to the 8 Bank Holidays as paid leave and for part-time employees this is a pro-rata calculation:
· New Years Day – 1st January (or 1st normal working day thereafter)
· Good Friday - Friday immediately before Easter Sunday
· Easter Monday - Monday immediately after Easter Sunday
· May Day – First Monday in May
· Spring or Whit – Last Monday in May
· Late Summer/August – Last Monday in August
· Christmas Day – 25th December (or 1st normal working day thereafter)
· Boxing Day 26th December (or 1st normal working day thereafter).
4.1 Payment arrangements for working on the Bank Holidays are set out in a supplement to the Local Conditions of Service Agreement following
the Pay and Reward Review of 2007.
Annual Leave for NJC staff
4.2 From 1 April 2007 annual leave entitlements will accrue year by year based on continuous service.
Length of Continuous Service / Days leave per year From 1 April 20070-12 months / 22
1 years / 23
2 years / 24
3 years / 25
4 years / 26
5 years / 27
10 years / 30
15 years / 33
4.3 Those Staff who are protected on 29 days leave under single status arrangements will continue to be entitled to the 29 days until they complete 10 years service when the new arrangements will override that protection.
4.4 The annual leave year runs from 1 April to the following 31 March.
Entitlement accrues from the first day of employment and takes account of relevant continuous service (as set out in the Green Book).
Outstanding leave
· If you cannot take all of your leave in this period (1 April to 31 March) due to demands of the service you can carry over a maximum of five days annual leave to the next year, to take before the end of May, but only with the agreement of your manager.
· If you return from long-term sick-leave towards the end of the year then, you can carry over a maximum of five days annual leave to the next year, to take before the end of May, but only with the agreement of your manager. If you return during the new leave year, then your leave allowance starts from the beginning of that year and will not include carry over from the previous year.