Special Occasional Leave of Absence

PORTAL HOUSE SCHOOL MARCH 2013

SPECIAL OCCASIONAL LEAVE OF ABSENCE

INTRODUCTION

This policy is to assist the Headteacher and Governing Body of the school to make decisions about requests for leave in accordance with legal,contractual and moral obligations.

As part of the staff handbook, it is also designed so that all staff are aware of these obligations in order that they have prior knowledge of the framework within which the school responds to requests for special occasional leave.

PURPOSE SCOPE & PRINCIPLES

The policy applies to all employees of the school, including the Headteacher.

A principal purpose in setting out this Policy is to ensure that requests are dealt with fairly and consistently.

The operational needs of the school will be paramount and, except in emergency

circumstances, adequate notice of a request for leave of absence must be given. This should be made in writing at least ten working days in advance to the Deputy Headteacher who will respond (or Headteacher will respond) in accordance with the agreed policy outlined below. Requests by the Headteacher should be made to the Governing Body.

The responsibility for exercising discretion on behalf of the Governing Body is the Headteacher’s, in accordance with the professional duties defined in the School

Teachers Pay and Conditions Document.

Any dispute or grievance about a request for leave of absence, or payment during

leave of absence, should be first made in writing to the Governing body and if no resolution is found the grievance will be dealt with through the school’s grievance procedure.

THE POLICY (as agreed by the Governing Body) is as follows:

Time off for medical appointments

Where possible, and in particular for on-going medical issues, school employees are expected to make appointments out of school time. Where this is not possible, reasonable paid time off will be allowed.

Time off for a sick child

The first day is normally paid to allow the employee to make arrangements forchild care. Any further absence should be unpaid except in exceptionalcircumstances e.g. hospitalisation.

Time off for dependants - Statutory Rights

With effect from 15th December 1999 the Employment Relations Act 1999 introduced a statutory right for employees to take a reasonable period of time off work to deal with a family emergency involving a dependant which relies on the employee for assistance.

There is no qualifying period and the leave is unpaid. The employee should be allowed a ‘reasonable' period of unpaid leave to cope with unexpected domestic crises; As a guide, the

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leave should be sufficient to help the employee to deal with the unexpected or sudden problem, and make any necessary longer term arrangements.

Circumstances for which leave may be granted are:

• if a dependant suddenly falls ill, is injured or assaulted, or gives birth,
• if a child is involved in a serious incident at school or during school hours,
• a sudden breakdown in care arrangements for a dependant,
• dealing with a crisis relating to a family member requiring immediate attendance, e.g,to make longer term care arrangements for a dependant who is ill or injured.

The Governing Body should give due regard to the particular circumstances of each case, in relation to its sensitivity and impact on the employee. In some circumstances it may be appropriate to award a combination of paid and unpaid leave.

It may not be considered appropriate to award paid or unpaid leave in circumstances where the employee can be reasonably expected to make alternative plans or arrangements which may therefore not require their assistance, or where the arrangements can be undertaken outside of term-time e.g., where the employee knows in advance that the problem is going to arise.

Compassionate, Emergency or Exceptional Leave

Staff will normally be granted up to 5 days paid leave in compassionate,emergency or exceptional circumstances, such as the death or serious illness of a close relative or equivalent. The leave is to deal with the immediate issues and tosort out long term arrangements if necessary. This includes attendance at a funeral. In some cases a longer period ofabsence may be approved on an unpaid basis.

Other personal reasons

Exceptionally, there may be other personal reasons for requesting leave ofabsence. Examples might be attendance at a child’s graduation ceremony or“once in a lifetime” visit to relatives overseas. Such leave, where granted, willnormally be unpaid and subject to adequate notice so that replacement staff canbe employed if necessary.

Moving house

Where removal cannot take place in school holidays or at weekends, usually 1 day paid leave will be granted.

Bad weather conditions

There may be circumstances when the employee is unable to attend work due to bad weather, but the school remains open as usual. All reasonable effort should be made to attend work. Alternative arrangements may be agreed with the Headteacher, e.g. working from home or at a different location. Where this is not possible, non-attendance will normally be treated as unpaid leave, but exceptional circumstances may warrant paid leave.

Extended leave of absence

Requests for longer periods of leave will be considered on an unpaid basis, forexample, in the case of a lengthy period of caring for a chronically sick, disabled,or terminally ill, dependent relative. Extended leave can be for up to a year’sduration. Sufficient notice that allows the appointment of a replacement should begiven wherever possible.

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Interviews

The Governing Body recognises the increasing tendency for prospective employers to

require interviewees to attend for more than one day, especially for school management

posts. There is also a growing tendency to expect prospective candidates to undertake a

preliminary visit before the formal interviews.

In order to maintain a fair balance between the operational needs of the school and to

minimise the burden on other staff, and to be fair to employees who will be seeking to

further their career, the Governing Body will grant leave of absence for interviews as follows:

a) The Headteacher is empowered to approve up to a maximum of 6 days paid leave of absence for interviews, to cover both formal and informal stages of the process, during any one academic year.

b) Further leave of absence for this purpose will normally be on an unpaid basis, provided prior agreement is granted..

Religious Festivals

Where staff can show that they are bona fide adherents of any organised religionand that they require leave for the purpose of an official holy day, the GoverningBody will allow up to 2 days paid leave. Staff taking such leave are asked to makeup this time at a later date.

Public Duties

School employees may be granted up to 18 days per annum paid leave to carry out the duties of the office of Leader, Mayor, JP or Chairman of Local Authorities.

For employees who are School or College Governor’s, up to 3 days per annum will be paid, In addition to this, unpaid leave can be granted for employees carrying out public duties.

Study/Examination Leave

For employees who are sitting examinations relevant to their current post or career, providing the employer is paying the fees, up to half a day study per examination plus half a day per examination will be paid.

Service with Auxiliary Forces

Volunteer members of UK Armed Forces are allowed two weeks paid leave toattend an annual summer camp. Teaching staff are only granted paid leave if theforce’s unit cannot arrange exercises during holiday periods.

Mobilisation

When reservists are needed to fulfil their part of the UK’s defence strategy, theyare ‘mobilised’ or ‘called out’ into full time service with the regular forces or military

operations. While the reservist is mobilised the school does not have to continue

to pay them, the Ministry of Defence (MOD) will pay their salary.

Sporting Events

Up to 18 days paid leave per year may be granted for staff who represent their

country in recognised sporting events.

Attendance at Court Proceedings

Jury Service

Staff required to attend for jury service should arrange for the loss ofearnings certificate to be forwarded to the school’s payroll team. Thecertificate will be returned to the member of staff completed to show to whatextent the salary will be stopped during their absence. The amount will thenbe claimed from the court.

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Witness summonses and subpoenas

Staff subject to a witness summons or subpoena should be allowed paidtime off work to attend court.

Time off for Trade Union duties

The school recognises the legal requirement for employers to allow reasonabletime off work for the school’s elected representatives of recognised trade unions tocarry out their duties. Duties that warrant time off with pay include:

• consultation on terms and conditions of employment or the physicalconditions of work;
• consultation on recruitment and selection policies, redundancy anddismissal arrangements;
• meetings with school management or LEA officers on matters of jointconcern;
• representing a union member at grievance, capability or disciplinaryinterview;
• attendance at relevant training courses organised by the trade union.

UNAUTHORISED ABSENCE

If an employee takes leave of absence without the prior consent of theHeadteacher this may warrant an investigation under the School’s Disciplinaryprocedure.

Portal House School

Sea Street

St. Margaret’s at Cliffe

Dover

Kent CT15 6SS

Policy: Special occasional leave of absence policy

This Policy has been approved by the Governing Body of Portal House School

Signed: …………………………………………………… (Chairman of Governors)

Date: ………………………………………………………

Signed: …………………………………………………… (Head Teacher)

Date: ………………………………………………………

Review Date: ______