UNPAID LEAVE POLICY
Document Information
Version:
/ 2.0 /Date:
/ December2011Ratified by:
/King’s Executive
Date ratified:
/ 28 March 2011Author(s):
/ Marion LormanAssociate Director, Reward & Policy Development
Responsible Director:
/ Angela Huxham, Director of WorkforceResponsible committee:
/ Joint Consultative CommitteeDate when policy comes into effect:
/ May 2011Review date:
/ May 2014Target Audience:
/ All staffLocation of document:
/ x:\hum_res/policiesDocument History
Document replaces: Unpaid Leave Guidelines Revised June 2007
Replaced document archive location:x:\trustwide policies\archive\unpaid leave
Consultation distribution (before ratification)
Sent to / Version / Date / Actions taken as a resultJCC / 2.0 / Feb 2011 / Rewording to clarify Pay & Increments Section
Staff Committee Chairs / 2.0 / March 2011 / None
Reviews and updates
Date / New version no. / Summary of Changes / Major change/s (must go to KE) or minor change/s / Author of change/sJuly 1998 / - / New Policy / Major / Marion Lorman
Jan 2003 / - / Minor Changes / Minor / Marion Lorman
June 2007 / - / Minor Changes / Minor / Keith Loveridge
February 2011 / 2.0 / Minor changes to format in line with Policy on Policies, and updating. / Minor / Marion Lorman
December 2011 / 2.0 / Minor changes - add Print Name to Agreement Form and include Medical Staffing Department in ‘return to’ section. / Minor / Marion Lorman
Dissemination schedule (after ratification)
Target audience(s) / Method / Person responsibleAll staff / As only minor changes policy will be updated on a Trust wide drive and updated on KWIKI, promoted via HR Brief / Gemma Glanville
1.PURPOSE AND SCOPE
2.INTRODUCTION
3. CIRCUMSTANCES FOR GRANTING UNPAID LEAVE/CAREER BREAK
4. PROCEDURE FOR AGREEING A VARIATION TO CONTRACT
5.FAILURE TO FOLLOW PROCEDURE
6. REFUSAL OF UNPAID LEAVE /CAREER BREAK & RESOLUTIONS
7. ANNUAL LEAVE ENTITLEMENT, PAY AND INCREMENTAL DATES
8. CAREER BREAK
9. MONITORING ARRANGEMENTS
10.REFERENCES
APPENDIX 1 DEFERRED INCREMENTAL DATES/ RE-CALCULATION OF LEAVE
APPENDIX 2: UNPAID LEAVE/CAREER BREAK AGREEMENT FORM
APPENDIX 3: EQUALITY IMPACT ASSESSMENT
1. Purpose and Scope
The purpose of this policy is to support a culture in which staff can request unpaid leave. This policy applies to all members of staff.
2. Introduction
There is no automatic right to unpaid leave. Any leave should be mutually agreed by the member of staff and their manager subject to the requirements of the service. The Unpaid Leave/Career Break Agreement Form (Appendix 2) completed by the line manager and the employee prior to the commencement of such leave.
Unpaid leave will not normally be granted in retrospect. Where a manager has reason to be concerned at the level of leave being applied for, s/he may require that employee to provide relevant documentation in support of their request.
The line manager can agree to unpaid leave if s/he is satisfied that it is appropriate. Unpaid leave should not be granted until all accrued annual leave has been taken (ie leave due up to the date of request; this does not mean that the full annual entitlement must be taken before unpaid leave is granted). The purpose of this is to minimise any overpayment that may occur in the event that the employee does not return to work.
3. Circumstances for Granting Unpaid Leave/Career Break
Unpaid leave may be appropriate in the following circumstances:-
family distress (see Special Leave Policy and KingsFlex Career Break)
a special holiday (usually connected with the family and of a considerable distance for which some unpaid leave would extend the stay and justify the expense incurred)
where the Trust allowance for Special Compassionate Leave has proved insufficient (see Special Leave Policy).
Career Break in accordance with the KingsFlex.
4.Procedure for Agreeing a Variation to Contract
The request for unpaid leave should be made well in advance of the intended periodof absence, and should be in writing to the line manager. The employee should endeavour to give aminimum of 4 weeks advance notification in order that necessary cover arrangements can be made.
The manager should consider the request having regard to:-
a.the reason for the leave
b.cover arrangements within the department
c.previous responses to similar requests by other staff
If the request is agreed a meeting should be held by the line manager with the member ofstaff. The purpose of the meeting is to fully explain the details of the agreement tounpaid leave and the implications of the variation to the contract of employment.
Once the Unpaid Leave Agreement Form has been fully explained and understood by the employee both copies should be signed by employee and the line manager. One copy must be sent to the HR Administrative team for processing and one copy should be retained by the employee.
4.1 Failure to return from Unpaid Leave/Career Break
In line with KingsFlex Career Break staff on Career Breaks of less than a year must give 2 months notice of their intention to return, and 6 months notice if the break is more than a year. For other periods of Unpaid Leave the return to work arrangements must be fully discussed and agreed with the line manager.
In the event an Unpaid Leave Agreement Form has been signed prior to the unpaid leave the employees failure to return to work by the agreed date will result in termination of the Contract of Employment without an investigatory process. The employee can then appeal this decision.
In the event that anUnpaid Leave Agreement Form has not been signed prior to unpaid leave the employees failure to return to work by the agreed date will result in action up to and including dismissal in line with the Trust Disciplinary Policy.
In exceptional circumstances where the employee is unable return to work following unpaid leave, it is the employee’s responsibility to notify the line manager as soon as possible and request further absence. This is subject to management approval. It is the responsibility of the employee to ensure appropriate and verifiable documentation is available to support the delay in return to work.
In certain circumstances where the employee is unable to return on the agreed date the manager may, at their discretion, delay the termination of the contract. There should be a reasonable and verified explanation of the failure to return and advice should be sought from an HR Managers prior to any action.
5. Failure to Follow Procedure
Any leave taken without following the procedure or gaining the agreement of the line manager will be considered as unauthorised absence and may lead to disciplinary action.
6. Refusal of Unpaid Leave/Career Break & Resolutions
Where a manager is unable to approve a request (or extension) for unpaid leave or career break, the employee should be notified in writing and the full reasons given for the decision. Managers can seek guidance from their HR Manager. When refusing Career Breaks further guidance is available from KingsFlex.
Any employee, who believes that this policy is not being applied fairly by their manager, may appeal this decision in line with KingsFlex.
7.Annual Leave Entitlement, Pay and Incremental Dates
7.1 Annual leave
Annual leave is accrued for completed months of paid service, subject to the entitlements relating to unpaid maternity and sick leave.However, staff may be granted a period of unpaid leave of up to 5 days in any leave year without affecting their annual leave entitlement or incremental date. Unpaid leave may be taken in a block or on separate days. If more than 5 days are taken during the course of the leave year then the individual loses one months annual leave entitlement.
Where a period of unpaid leave results in a reduction in annual entitlement:-
where staff have taken their full annual paid leave entitlement prior to their period of unpaid leave, they would in these circumstances have overtaken their annual leave entitlement for that year. Arrangements must be made to deduct the days overtaken from the next years’ allowance or from their salary.
where staff have taken some of their paid annual leave entitlement at the time of their unpaid leave, the entitlement for the remainder of the annual leave year should be recalculated to show a reduction in entitlement to reflect the month(s) which do not accrue paid leave.
7.2Pay and Incremental Dates
The employee will not receive pay for the unpaid leave period including the weekends which fall within that period, and pay will commence on return to work. Where more than 5 days are taken during the course of the leave year, the incremental date will be deferred by the number of days unpaid.
8.Career Break
See KingsFlex guidelines for further details with regard to the Trust’s Career Break scheme and requirements for keeping in touch regarding return to work arrangements.
9. Monitoring Arrangements
Measurable policy objectives i.e. what will be monitored / Monitoring/ audit method / Frequency of monitoring / Responsibility for performing the monitoring / Monitoring reported to groups/committees, inc responsibility for action plansMonitor unauthorised absence cases (non return unpaid leave) / Monitor ER cases through the annual ER data / Annual / Associate Director of Human Resources / JCC
Workforce Diversity Group
HR Department
10. References
Appeals Procedure
Disciplinary Procedure
KingsFlex – Career Break
Appendix 1
Examples of Deferred Incremental Dates and Re-Calculation of Leave
Example 1 - Annual leave entitlement = 27 days
Employee requests unpaid leave in February for 2 weeks
All paid annual leave (27 days) has been taken
Manager grants 10 working days unpaid leave
Because February includes more than 5 unpaid days employee does not accrue paid annual leave for one month.
Revised annual leave calculation is for 11 months (April - January and March)
27 days /12 months x 11 months = 25 days entitlement
Employee has overtaken annual leave by 2 days which is reclaimed from salary or deducted from next years’ entitlement.
Incremental date must be deferred by the number of days from the beginning of the unpaid period, including weekends, until employee returns to paid service.
Employee is unpaid for the 10 unpaid leave days PLUS the weekends that fall during the unpaid period until s/he returns to work.
Example 2 - Annual leave entitlement = 33 days
Employee requests 1 days unpaid leave each month from May – October.
This totals 6 days over the six month period. Because there is a total of more than 5 unpaid days, the employee does not accrue paid annual leave for one month during the leave year.
Revised annual leave entitlement is 30 days based on 11 months in total.(33 days/12 x 11 months = 30)
Incremental date must be deferred by the number of days from the beginning of the unpaid period, including weekends, until employee returns to paid service.
Employee is unpaid for the 6 unpaid leave days PLUS the weekends that may fall immediately either side of the unpaid days until s/he returns to work.
Example 3 - Annual leave entitlement = 33 days
Employee requests 5 days unpaid leave 27th February – 3rd March as all annual leave has been used.
There are no more than 5 unpaid days so there is no affect on annual leave entitlement.
There are no more than 5 unpaid days, so there is no affect on incremental date.
Employee is unpaid for the 5 unpaid leave days PLUS the weekends that may fall immediately either side of the unpaid days until s/he returns to work.
Appendix 2
UNPAID LEAVE/CAREER BREAK AGREEMENT FORM
(Variation to Contract)
SECTION 1: DETAILS OF LEAVE – completed by employee
I confirm that I have applied for and been granted by the King’s College Hospital NHS Foundation Trust unpaid leave for:
Reason:
The Career Break/Unpaid Leave (delete as appropriate) is for a period of ______(insert). The Career Break/Unpaid Leave(delete as appropriate)will commence on ______(insert date). I agree to return to work for my normal period of duty on ______(insert date).
SECTION 2: CONTACT DETAILS-completed by employee and line manager
During my absence I may be contacted as follows:-(completed by employee)
Contact Name:______
Address:______
______
Telephone No:______
Email:______
I agree to contact my manager at the earliest opportunity in the event of circumstances which may prevent my return on the date given above.
(The following contact details must be completed by the line manager).
Contact Manager:______(name)
Address:______(Insert Department)
King’s College Hospital NHS Foundation Trust
Denmark Hill
London, SE5 9RS
Telephone No:______(Direct Line)
Email:______
SECTION 3 : DECLARATION – completed by employee
I understand and agree that this Agreement forms a consensual variation to my Contract of Employment with the King’s College Hospital NHS Foundation Trust which will include the suspension of my NHS service, including all pay and benefits, for the duration of the time absent. I am aware that unpaid absence of more than one year will result in a break in my pension contributions which will not be reinstated retrospectively.
Should I fail to return to duty on the above dateI accept that my Contract of Employment with the Trust may be terminated without notice. I understand that in this event I have the right of appeal against this decision under the Trust’s Appeals Procedure.
I confirm that the nature and effect of this agreement has been explained to me and that I accept it as binding on me.
Signed:______Date ______
Print Name:______
SECTION 4 : AUTHORISATION – completed by line manager
FOR COMPLETION BY THE LINE MANAGER
I confirm that I support and agree to the request for unpaid leave, and that I have explained the nature and effect of this agreement to the above named employee.
Signed:______Date:______
(LINE MANAGER )
Print Name:______
PLEASE RETURN THIS FORM TO THE HUMAN RESOURCES ADMINISTRATION TEAM OR THE MEDICAL STAFFING DEPARTMENT FOR PROCESSING THE VARIATION TO CONTRACT.
(HUMAN RESOURCES DEPARTMENT, JENNIE LEE HOUSE, 34 LOVE WALK, LONDON, SE5 8AD)
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1. EQUALITY IMPACT ASSESSMENT FORM – INITIAL SCREENING
Service/Function/Policy / Directorate / Department / Assessor(s) / New or Existing Service or Policy? / Date of AssessmentUnpaid Leave Policy / Workforce Directorate / Gemma Glanville, HRM / Existing Policy / March 2011
Who is responsible for this service / function / policy?Human Resources Department (Marion Lorman/Gemma Glanville)
1.2 Describe the purpose of the service / function / policy? Who is it intended to benefit? What are the intended outcomes?
The purpose of this policy is to support a culture in which staff can request unpaid leave. This policy applies to all members of staff.
1.3 Are there any associated objectives? E.g. National Service Frameworks, National Targets, Legislation
1.4 What factors contribute or detract from achieving intended outcomes?
The policy is provided to ensure consistency of application across the Trust in managing Unpaid Leave/Career Break requests. Outcomes may be affected by inconsistent application by managers. However, the NHS National Staff Survey (KCH, 2009) reveals that 61% of all staff said they could approach their immediate manager to talk openly about flexible working. Disability 2009 Staff survey: 77% of disabled staff report that they had accessed flexible working options vs 61% of staff without disabilities Gender 2009 Staff Survey 60% of menreport that they had accessed flexible working options vs 63% women. Race 2009 Staff Survey 59% of white staff report that they had accessed flexible working options vs 67% of BME staff There is no significant differences regarding to access to flexible working.
1.5 Does the service / policy / function / have an impact in terms of race, disability, gender, sexual orientation, age and religion? Details: [see Screening Assessment Guidance]No. Anyone may access a KingsFlex option, providing their role is able to accommodate their request, and both parties are encouraged to be flexible in reaching agreement. There is nothing known or substantiated to suggest that any of the groups highlighted have a greater or lesser opportunity to access a KingsFlex option, and thus no policy impact.
1.6 If yes, please describe current or planned activities to address the impact.
1.7 Is there any scope for newmeasures which would promote equality?Continued monitoring through management cases and National Staff Survey. Make policy readily accessible to all staff via X drive and knowledge of policy discussed at local induction. Ensure all managers and staff are aware of their responsibilities within the policy. / Promote policy changes via HR Brief
1.8 Equality Impact Rating [low, medium, high*]:
RaceAgeDisabilityGender ReligionSexual Orientation
*If you have rated the policy, service or function as having a high impact for any of these equality dimensions, it is necessary to carry out a detailed assessment and then complete section 2 of this form
1.9 Date for next review - March 2014
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