Revised F7 Leave of Absence for Teachers and Associated Professional Policy and Accompanying Guidance Note
North Lanarkshire Council · 1 March 2023
Back to Finance and Resources Committee — 1 March 2023 and its agenda
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North Lanarkshire Council Report Finance and Resources Committee Does this report require to be approved? ☒ Yes ☐ No Ref FW/LC Date 01/03/23 Revised F7 Leave of Absence for Teachers and Associated Professional Policy and accompanying Guidance Note From Fiona Whittaker, Chief Officer, People Resources E-mail Whittakerf@northlan.gov.uk Telephone 07973 728628 Executive Summary In recognition that the F7 – Leave of Absence Policy for Teachers and Associated Professionals has not been reviewed for several years, a sub-group of the Joint Negotiating Committee for Teachers (JNCT) was created for the purpose of considering the existing terms of the policy along with any legislative and operational changes that had occurred in the intervening period. It should also be noted that Teacher’s terms and conditions of employment are governed by the Scottish Negotiating Committee for Teachers (SNCT), therefore some aspects of the policy are not negotiable. As part of the review, a guidance note was also developed and introduced as it was recognised that some of the provisions within the policy required further detail and instruction on how and when they applied. Both the revised Policy and Guidance Note have been discussed and approved at both the Informal JNCT that took place on 6 September 2022 and the Formal JNCT that took place on 27 September 2022. The remainder of this report summarises the review of the F7 Leave of Absence Policy for Teacher’s & Associated Professionals and accompanying Guidance Note and highlights a few of the key areas that have been developed or changed. Recommendations It is recommended that Finance and Resources Committee: (1) Note the contents of this report. (2) Approve the changes as described within this report and accompanying documents. (3) Agree to the revised F7 Leave of Absence Policy for Teachers and Associated Professionals and Guidance Note being implemented at the earliest possible point.
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1. Background 1.1 As outlined above, a review of the F7 Leave of Absence for Teachers and Associated Professionals was undertaken in recognition that the policy had not been reviewed for several years. 1.2 A sub-group of the JNCT was created consisting of trade union colleagues, managers from Education and Families and members of the Employee Relations and Business Partner teams. 1.3 During discussions, it was recognised that a Guidance Note to accompany the revised policy would be beneficial as this would provide the appropriate level of direction and support on the policy’s application for both managers and employees. 1.4 Both the revised policy and guidance note have been approved by the JNCT at both the Informal and Formal meetings and the service are keen to implement at the earliest possible point. 1.5 Detailed within the remainder of this report are the key areas that were changed or developed within the policy. 2. Report 2.1 Policy Review 2.1.1 On review of the F7 Leave of Absence for Teachers and Associated Professionals, it was agreed that some of the information was obsolete and no longer applicable and therefore required to be removed from the Policy. It should also be noted that during the review of the policy, the SNCT terms & conditions were continually checked to ensure that any entitlement to leave listed within the SNCT was replicated within the Policy. 2.1.2 One of the main areas identified for improvement was the requirement to detail how many occasions of leave could be granted under specific categories of special leave. This has now been added to the policy and guidance note. 2.1.3 Another area of concern was the lack of provision of special leave to look after seriously ill dependents. Prior to the review, teaching staff did not have access to special leave for this purpose, however all other employees of the Council can apply for Time off for Care of a Dependent (formally known as Carer’s Leave). 2.1.4 It was also agreed that it would be beneficial to categorise the various types of leave into categories with additional subcategories to make the Policy more user friendly. 2.1.4 It was noted that the Policy could become lengthy and the development of a Guidance Note to support the Policy would be a beneficial addition. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition
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2.2 Policy Changes 2.2.1 One of the key areas of change was applied to Section 5 of the revised policy which covers the leave applicable to those who have suffered a bereavement. The policy has now been amended to include guidance on the amount of time that would be expected to be granted off work on a paid basis depending on the relationship the employee has with the deceased. 2.2.2 Section 5.4 details the Statutory Right to Parental Bereavement Leave which came into effect on 6 April 2020 and had previously not been included within the policy. However, it should be noted that prior to this policy addition, requests for leave for these circumstances were granted through management discretion. 2.2.3 Section 6 of the policy namely ‘Time off for Dependants’ now differentiates between the type of leave available in these circumstances, for example, leave available for up to a maximum of 1 working day to deal with unexpected illness of a dependent, care arrangements breaking down or attending hospital with a dependant. The policy also now clearly specifies the maximum number of periods that can be authorised in a 12- month period. 2.2.4 The addition of Time off for Dependant’s due to terminal or serious illness or post operative recovery is also reflected in Section 6.4, 6.5 and 6.6 of the Policy. The application and authorisation processes are outlined in Section 6.7 of the policy. Both the trade unions and management team were keen to ensure the inclusion of this provision in the knowledge that other employees within the Council already have access to this provision. 2.3 Guidance Note 2.3.1 The Guidance Note has been developed to provide employees and managers with additional assistance when making a request for or granting leave of absence. 2.3.2 In relation to Time of for Dependants for Post Operative Recovery a table has been added to section 3.24 of the Guidance Note outlining the anticipated timescales for leave that may be required in each circumstance and the factors that could affect the recovery times are also provided. 2.3.3 Appendix 1 of the Guidance Note is the application form for Time of for a Dependant due to Terminal Illness/Serious Illness or Post Operative Recovery which requires medical evidence to be submitted to support the application and must be authorised by a Head of Service. 2.4 Next Steps 2.4.1 Following approval by Finance & Resources Committee and Full Council, communications will be issued to all relevant employees advising them on the revised policy and accompanying guidance note. 2.4.2 Discussions will continue with the trade unions and management to ensure the viability of the policy and monitoring will take place regarding the use and application. 2.4.3 Finally, it should be noted that the trade unions have expressed their gratitude for the joint working that has been undertaken in relation to this review.
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3. Measures of success 3.1 Revised F7 Leave of Absence Policy & Guidance Note for Teachers & Associated Professionals is implemented fairly and consistently across the service. 4. Supporting documentation 4.1 Appendix 1 - F7 Leave of Absence Policy for Teachers & Associated Professionals 4.2 Appendix 2 - F7 Leave of Absence Guidance Note for Teachers & Associated Professionals Fiona Whittaker Chief Officer, People Resources
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The main impact is likely to be resourcing issues if there are large numbers of employees requesting leave at the same time, however this is unlikely to be the case. Monitoring of application and compliance will also need to take place to ensure consistency and appropriate management of leave across the service. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.
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Change record Appendix 1 F7 - Leave of Absence Policy for Teachers & Associated Professionals Consultation process Consulted with Trade Unions and Employee Equality Forum Joint Trade Unions Employee Equality Forum Employees Distribution Author Contact details Owner Fiona Whittaker whittakerf@northlan.gov.uk Date Version number 1 Document status Draft Governance Committee JNCT Date approved Review date Strategic Alignment Improving the Council’s Resource Base – A Workforce Strategy that is built around the needs of the Council (as a single resource base) to deliver the priority outcomes, ensuring future workforce requirements, new skills and innovative approaches, and succession planning are recognised. Date Author Change made
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Contents Page 1. Introduction 2. Legislation & Associated Policies 3. Our Position 4. Scope 5. Bereavement Leave 5.1 Close Relatives 5.2 Other Relatives of the Employee or their Spouse or Partner 5.3 Friend or Colleague 5.4 Parental Bereavement Leave 6. Time of for Dependants 6.1 Support of Dependant(s) 6.2 Attending Hospital with a Dependant 6.3 Attending Court/Children’s Panel with a Dependant Minor 6.4 Terminal Illness of a Dependant 6.5 Serious/Long Term Health Condition of a Dependant 6.6 Post-Operative Recovery 6.7 Applications and Supporting Evidence 7. Family Leave 8. Leave for Medical Purposes 8.1 Non-Emergency Medical/GP Appointments 8.2 Hospital Appointments 9. Personal Leave 9.1 Attendance at Weddings 9.2 Marriage During Term Time 9.3 Accompanying spouse on holidays and business trips 9.4 House Removal 9.5 Interviews 9.6 Other Personal Business 10. Participation in Sporting Events 11. Time off for Public Duties 11.1 Jury Service 11.2 Services as a Witness 11.3 Employment Tribunal/Attendance at Court in Course of Duties 11.4 Justice of the Peace Duties 11.5 Member of Children’s Panel 11.6 Election Duties 11.7 Candidates in Elections/ Election Agents 11.8 National Conference of a Political Party 11.9 Local Authority Business 11.10 Service in Non-Regular Forces 11.11 Community Emergency Services
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12. Holidays or Festivals of Religious or Ethnic Groups 12.1 Religious ceremonies of a family 13. Participation in Cultural Events 14. Time of for Education Related Matters 14.1 Attendance at exhibitions of the teacher’s own work 14.2 Leave to undertake authorised expeditions of an educational nature 14.3 Attendance at the National Mod as a competitor or adjudicator 14.4 Work of the GTC, Education Scotland, SQA or other approved bodies 14.5 Meetings or conferences of an educational or religious nature 15. Learning & Development Leave 15.1 Training Connected with a Course of Study 15.2 Study Tours 15.3 Study Leave 16. Career Break & Self – Funded Sabbaticals 17. Attendance at meetings of trade union or professional associations 18. Other Special Leave 19. Process for Applying for Special Leave
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1. Introduction This policy is based on the principle that teachers should not make personal arrangements which conflict with the requirement that they be at work at times previously agreed by the employer other than in the circumstances outlined in this policy. Wherever possible, requests for leave should be planned and submitted well in advance. The need to ensure continuity of educational provision makes it particularly important that these general principles should be scrupulously applied in the case of teaching staff. The council recognises that there will be times when teachers may require leave of absence to undertake obligations or attend events outside of their working life. While it is expected that there will be instances where such responsibilities/events can be supported there is an obligation to ensure that such events cannot take place out with the pupil day or holiday period. 2. Legislation and Associated Policies This policy complies with the legal requirements set out in the legislation detailed below: Children and Families Act 2014 The Shared Parental Leave Regulations 2014 The Parental Bereavement Leave Regulations 2020 Maternity/Adoption/Paternity Leave Legislation Equality Act 2010 Work and Families Act 2006 Employment Act 2002 Employment Relations Act 1999 Employment Rights Act 1996 Employment Protection (Consolidation) Act 1978 Trade Union and Labour Relations (Consolidation) Act 1992 Juries Act 1974 Time Off for Public Duties Order 2018 This policy should be read in conjunction with the SNCT Handbook, relevant sections of the council's Smarter Working Policy, Managing Attendance policy for Teachers and Leave of Absence for Teachers Guidance Note. 3. Our Position The Council recognises the requirement for fairness and consistency when considering requests for leave of absence. All applications for leave of absence will be examined on an individual basis, having due regard to the council policies on Equality of Opportunity in Employment and Dignity at Work. In authorising leave of absence, Head of Establishment/Line Manager should consider:- all the circumstances surrounding the request, the need to ensure that services are minimally disrupted, and consistency of application of this policy throughout the council Head of Establishment/Line Manager are required to ensure that, in line with responsibilities under the Equality Act 2010, special consideration is given to requests from disabled employees (or employees supporting a disabled dependant), where that request is linked to a matter arising from the disability. This will include the requirement to consider reasonable adjustments, as appropriate.
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The Equality Act 2010 defines a disability as “a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.” If clarification is required on this or any area of the policy, Head of Establishment/Line Manager should contact People & Organisational Development. 4. Scope This policy is available to all teachers and associated professional of the council, regardless of length of service or contractual status, with the exception of single status staff who are covered by a separate policy. There are, however, eligibility criteria for Time off for Dependants (Section 6.4 to 6.6). All leave of absence granted will be to a maximum of a teacher’s contracted daily hours and calculated on the basis of a “normal working week”. 5. Bereavement Leave It is expected that Head of Establishment/Line Manager will take all circumstances into account when granting paid leave for bereavement, such as the closeness of the relationship and whether the employee is responsible for making the funeral arrangements. The following guidelines should be adhered to bearing in mind the conditions detailed above:- 5.1 Close Relatives • 1 day to attend the funeral • Up to 4 compassionate days However, the amount of leave granted will depend on the individual circumstances of each case, such as the closeness of the relationship. Close relationships would generally include: Parent(s) Sibling(s) Child/ren Spouse or partner Spouse or partner’s parent(s) or child/ren Grandparents or grandchildren These relationships would also include step or foster relationships. Additional leave of up to 2 days will be granted to conduct business in connection with the funeral if undertaking this responsibility. This leave will normally only be granted to employees who are the designated next of kin of the deceased person. Bereavement leave for part time/job share/flexible working employees will be authorised as the equivalent of up to one of their normal working weeks. In all circumstances, paid leave will be up to a maximum of contracted daily hours. 5.2 Other Relatives Paid leave to attend the funeral up to a maximum of one day per occasion, with a maximum of three occasions in a rolling 12 month period. Consideration will be given to individuals who need to travel a long distance.
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5.3 Friend or Colleague Paid leave to attend the funeral up to a maximum of one day per occasion with a maximum of three occasions in a rolling 12 month period. The above allowances for each category of leave for bereavement are considered to be inclusive of any travel time necessary to attend the funeral. Consideration will be given to individuals who need to travel a long distance. In all circumstances consideration will be given on a case by case basis whereby an employee either requires more than 3 occasions in a leave year or more the maximum time allowed per occasion. The circumcentres of the bereavement and the nature of the relationship will be taken into account. 5.4 Parental Bereavement Leave Parental Bereavement Leave (PBL) is a new entitlement for bereaved parents to be absent from work, for up to two weeks. The new statutory right is available to the parents of a child who dies on or after 6 April 2020. To qualify for this leave you must be: The biological parent or adult with parental responsibility i.e. adoptive parent, foster parent, guardian who has suffered the loss of a child under the age of 18, or The biological father or the mother’s (or adoptive mother’s) husband, partner or civil partner who has suffered a stillbirth after 24 weeks of pregnancy. N.B Female employees who suffer a stillbirth from the 24th week of pregnancy, are still entitled to the maternity pay and leave that they would have been entitled to in the event of a live birth, or in the event that a child dies following the birth. Teachers are entitled to this leave regardless of length of service and the Council has enhanced the statutory pay entitlement so that employees will receive their normal contractual pay during the period of parental bereavement leave. The leave must be taken within 56 weeks of the date of the child’s death and either in one block of two weeks, or as two separate blocks of one week each. For eligible parents as the result of the death of more than one child, the employee is entitled to leave in respect of each child. Further guidance is contained in the Leave of Absence for Teachers Guidance Note. 6. Time Off for Dependants A dependant is someone who depends on the teacher for care. Normally, this will be a spouse, partner, child, or parent, however a dependant may also be someone who reasonably relies on the teacher to make arrangements for the provision of care i.e an elderly neighbour or a friend that has no other support network. Where leave of absence is required for the purposes of supporting or caring for a dependant, special consideration to appropriate provision must be made where the person for whom the teacher is providing support or care to, has a disability. Further advice is available from People & Organisational Development. In all circumstances, paid leave will be up to a maximum of contracted daily hours.
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It is accepted that in certain limited circumstances a teacher may be unable to discuss the requirement for leave of absence in advance with their Head of Establishment/Line Manager. In such circumstances, the teacher must make contact with the appropriate Head of Establishment/Line Manager by telephone (text messaging and email are not acceptable unless alternative contact arrangements have been made as part of a reasonable adjustment) as soon as possible and not later than the commencement of core time on the day the leave is required, or within 1 hour of normal starting time. Failure by the teacher to make contact with their Head of Establishment/Line Manager could result in the employee taking unauthorised leave of absence which may lead to disciplinary action. Establishments should have arrangements in place for when the Head of the Establishment or Line Manager is not available for the employee to contact directly. An “occasion” as defined within the policy is one instance where a teacher is required to apply for and take leave of absence. The number of occasions provided for relate to each teacher and not each dependant. An occasion may be as little as one hour up to a maximum of one day – there is not an automatic entitlement to a full day off. Applications for leave of absence under category 6.4 – 6.6 require to be authorised by the Head of Service. A teacher is eligible to time off during working hours to take necessary action for the circumstances listed below. 6.1 Support of Dependant(s) Paid leave will be granted on up to 3 occasions in a rolling 12 month period, limited to a maximum of up to 1 working day on each occasion. Leave of absence may be granted to support the following circumstances: Consideration can be given on a case-by-case basis to extending the number of occasions an employee can take time off for dependants, however this would be unpaid. To provide assistance or make arrangements for the provision of care for a dependant who is ill, falls ill or is injured. To make alternative arrangements for the care of a dependant whose normal care arrangements are unexpectedly and unavoidably disrupted, i.e. illness of the usual carer. To make arrangements to deal with an incident which involves a child of the teacher and which occurs unexpectedly in a period during which an educational establishment which the child attends has responsibility for that child. Category 6.1 may be taken as 3 consecutive days with the agreement of the Head of Establishment/Line Manager. However, each occasion cannot be authorised in advance and the employee is required to contact their line manager by telephone (text messaging and email are not acceptable unless alternative arrangements have been agreed as a reasonable adjustment) on a daily basis. This should be done as soon as possible and not later than the commencement of core time on the day the leave is required or within 1 hour of normal starting time. Establishments should have arrangements in place for when the Head of the Establishment or Line Manager is not available for the employee to contact directly.
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Leave of absence taken over consecutive days will only be granted subject to the exigencies of the service. Teachers who are required to take this leave over consecutive days must be aware that they will not have any further leave of absence provision available to them under this category for a further 12 months. Teachers who wish to provide support to dependants recovering from short term illness or incapacity may also be granted a temporary change in working hour’s e.g. later start or earlier finish, to assist in the provision of care or to assist with childcare responsibilities. Alternatively, unpaid leave may be granted. 6.2 Attending Hospital with a Dependant Paid leave will be granted on up to 3 occasions in a rolling 12 month period, limited to a maximum of up to 1 working day on each occasion, to attend a prearranged medical examination or hospital appointment with a dependant. A hospital appointment card or a letter from the hospital will require to be produced, to be checked by the employee’s manager prior to authorisation of leave. 6.3 Attending Court/Children’s Panel with a Dependant Minor Time off may be granted to a teacher who is required to attend court/children’s panel hearing with a dependant, and that dependant is a minor. A minor for this purpose is someone under the age of 16. Paid leave will be granted on up to 2 occasions in a rolling 12 month period, limited to a maximum of up to 1 working day on each occasion. 6.4 Terminal Illness of a Dependant A terminal illness is defined as an illness which has a finite duration in terms of life expectancy, and normally of no more than 12 months. Up to a maximum of 16 working weeks leave in a rolling 12 month period may be granted. The time taken may be broken down into smaller periods e.g. 1 day or 3 hrs, but the cumulative total cannot exceed 16 working weeks. Subject to the appropriate evidence payment for leave under 6.4 may be available for up to 8 weeks paid and 8 weeks unpaid. This period of leave may be extended to a maximum of 13 weeks paid leave, and 8 weeks unpaid leave in exceptional circumstances. Each case will be considered on its own merits, taking into account the individual circumstances, and following discussion with Employee Relations. All applications require to be approved by a Head of Service. 6.5 Serious/Long Term Health Condition of a Dependant A “Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves one or more of the following: A period of illness or incapacity of more than 3 consecutive days requiring treatment* from a GP, Hospital, Specialist etc . Multiple Treatments (including any period of recovery) e.g. chemotherapy, radiation, etc., kidney dialysis, physical therapy, serious physiological treatment,
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Permanent or Long Term Conditions e.g. cancer, dementia, Parkinson’s stroke, heart condition, multiple sclerosis. Time off may be required to provide respite care, make arrangements for long term care. Hospital Stays. This will normally only apply where a child is required to stay in hospital for more than 3 days. Time off for dependants receiving end of life care in a hospital or hospice is covered by Terminal Illness of a Dependant. Up to a maximum of 8 working weeks leave in a rolling 12 month period may be granted. The time taken may be broken down into smaller periods e.g. 1 day or 3 hrs, but the cumulative total cannot exceed 8 working weeks. Subject to the appropriate evidence payment for leave under 6.5 may be available for up to 4 weeks paid and 4 weeks unpaid. All applications require to be approved by a Head of Service. 6.6 Post-Operative Recovery Time off to support a dependant who is recovering from a more serious operation and who requires support at home following release from hospital may be granted. Whilst not exhaustive a list of the types of operations that may require support at home are detailed in the Leave of Absence Guidance Note, Section 4.1.3, along with the timescales for the amount of leave that may be required. Head of Establishment/Line Manager must ensure that a fair and consistent approach is taken when approving leave for this purpose, whilst taking individual circumstances into account. It is not intended that time off under this category would be granted where the dependant has had a minor operation e.g. bunion removal, ingrown toenail removal, hernia repair (keyhole), haemorrhoidectomy etc. Teachers who wish to provide support to dependants recovering from these types of surgery may be granted a temporary change in working hour’s e.g. later start or earlier finish, to assist in the provision of care or to assist with childcare responsibilities. Alternatively, unpaid leave may be granted. Categories 6.4 to 6.6 above seeks to help balance the needs of teachers with serious/longer term responsibilities for dependants with their role as an employee of North Lanarkshire Council. Leave under these categories, either paid or unpaid, will not be available until the applicant has accrued 26 weeks continuous service. All applications require to be approved by a Head of Service. 6.7 Applications and Supporting Evidence Teachers applying for leave under categories 6.4 to 6.6 are required to complete an application form and provide appropriate supporting/medical evidence. Please refer to the Leave of Absence guidance note for more information on the application process and appropriate supporting evidence. In all circumstances, the Head of Establishment/Line Manager must discuss the particulars of each request with the teacher requesting leave in order to clarify the reasons for the
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application and to ensure that the type of leave requested is the most appropriate option in the circumstances. On receipt of an application, the line manager must pass a copy to the Employees Relations team and discuss the application before forwarding any requests to the Head of Service for approval. Leave for part time/job share/flexible working employees will be authorised as the equivalent of their normal working weeks. In all circumstances, any paid leave will be up to a maximum of contracted daily hours. All leave granted will be counted as continuous service for contractual purposes. 7. Family Leave For information relating to entitlement to Maternity Leave, Adoption Leave, Shared Parental Leave, Surrogacy Leave, Maternity and Adoption Support Leave including Paternity Leave please refer to Part 2 Section 7 of the SNCT Handbook here: Part 2 Section 7 - SNCT Handbook 8. Leave for Medical Purposes 8.1 Non-Emergency Medical/GP Appointments Employees requiring non-emergency medical treatment from opticians, dentists or GPs should make arrangements to obtain such treatment out with working hours. Where this is not possible, appointments must be made for the beginning or end of the working day. 8.2 Hospital Appointments A teacher who has been referred to a hospital for examination/treatment should, where feasible, try to arrange appointments outwith normal working hours. If this is not possible, then paid leave, up to a maximum of contracted daily hours, will be granted for attendance at hospital. A hospital appointment card or a letter from the hospital may be asked to provide an appointment card, to be checked by the Head of Establishment/Line Manager prior to authorisation of leave. Where a teacher is required to attend hospital on more than 4 occasions in a rolling 12 month period, the ongoing availability of leave of absence for this purpose should be discussed with the Head of Establishment/Line Manager in the first instance. 9. Personal Leave 9.1 Attendance at Weddings Up to two days may be granted in a rolling 12 month period although only one of which may be with pay for attendance at a wedding
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9.2 Marriage during term-time Leave of absence will not normally be granted during the school term time. Only in very exceptional circumstance, for example when the spouse to be is unable to take leave during the school holiday period will a limited period of leave be granted. 9.3 Accompanying spouse on holidays and business trips Leave of absence will not normally be granted for this purpose. Any leave granted in exceptional circumstances will be without pay. 9.4 House removal Where a removal cannot be arranged for a holiday up to two days leave of absence may be granted in a rolling 12 month period. One day shall be with pay, the second, if required, shall be without pay. 9.5 Interviews Paid leave will be granted to teachers called to attend a job interview for a post. The teacher will be required to produce an interview letter prior to authorisation of leave. 9.6 Other Personal Business If the head of establishment is satisfied that the request is reasonable, short periods of less than a day can be granted with pay. 10. Participation in Sporting Events If a teacher is selected to participate in a sporting event at national or international level as a representative of thier country, up to a maximum of 5 days paid leave (or the equivalent of one of the teacher’s normal working weeks) in a rolling 12 month period may be granted. This provision includes team managers or coaches required to attend the event. It also includes time off for a teacher who is the parent/guardian of a child under the age of 16, and who is required to accompany the child while participating in the sporting event. There is no age limit if required to accompany a disabled participant. 11. Time off for Public Duties 11.1 Jury Service If a teacher is called to serve on a jury, there is a requirement for a teacher to attend by virtue of the Juries Act 1974. The teacher must notify their Head of Establishment/Line Manager of the summons. The jury citation letter will require to be produced, to be checked by the teacher’s Head of Establishment/Line Manager prior to authorisation of leave. A teacher will be granted leave with pay to attend unless exemption is secured. The teacher will claim the allowance payable under the Jurors Allowances Regulations and this amount will be deducted from pay.
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11.2 Service as a Witness If a teacher is cited to attend court as a witness, leave of absence will be granted as follows: If a teacher is attending as a witness on behalf of the council, leave with pay will be granted, on the understanding that witness fees received (excluding travel and subsistence expenses) are paid to the council. In the case of a teacher called as a Crown Court witness, cited by the Procurator Fiscal or equivalent, leave with pay will be granted, on the understanding that loss of earnings received by the teacher from the Court, will be paid back to the council In all other cases where the teacher is called to attend court as a witness, leave without pay will be granted. Teachers can claim from the person citing them, the relevant amount in respect of loss of earnings. 11.3 Employment Tribunal/Attendance at Court in Course of Duties If a teacher is required to attend court as a witness on behalf of the council, then paid leave will be granted. 11.4 Justice of the Peace Duties All employers must, by law, allow time off work to enable a Justice of the Peace to undertake their role. Time off without pay will be provided. Employees can claim for loss of earnings from the court service. 11.5 Membership of children’s panels Paid time off for members of any statutory tribunals such as a Children’s Panel is available in conjunction with the Time off for Public Duties Policy which can be found here: Time off for Public Duties Policy – My NL 11.6 Election Duties Subject to the exigencies of the service, and authorisation by the Head of Establishment/Line Manager, paid leave will be granted to allow teachers to undertake official duties at elections or referenda of North Lanarkshire Council. 11.7 Candidates in Elections/ Election Agents Subject to the exigencies of the service, unpaid leave for a period not exceeding up to 10 days (or up to the equivalent of two of the teacher’s working weeks) will be granted at the time of the election to teachers who stand for election or undertake the duties of an Election Agent for a Local Authority/Parliamentary/Scottish Parliamentary/European Candidate. 11.8 National conference of a political party Two days leave of absence without pay may be granted. Requests for leave beyond two days should be referred to the Head of Service.
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11.9 Local Authority Business Leave can be granted without pay, up to a maximum of two consecutive days at each time of asking, to teachers who are elected members of local authorities. The Head of Service should be specifically informed of each absence. The Assistant Chief Executive of Education is empowered to agree special arrangements in the case of provosts, council leaders and others holding very senior positions. Any such arrangements will be made known to the head of establishment. 11.10 Service in Non-Regular Forces A teacher who is a member of the non-regular forces and who attends annual training camp for a period of not less than one week, will be granted leave with pay for the period of actual attendance at the training camp, up to a maximum of 15 days (or up to the equivalent of three of the employee’s working weeks) and subject to deduction of service pay and allowances received. 11.11 Community Emergency Services A teacher who is a member of a community emergency service, for example retained fire fighters, will be granted paid leave to attend emergencies during working hours. 12. Holidays or Festivals of Religious or Ethnic Groups Teachers who celebrate holidays or festivals on days other than those allocated by the Council and who have fixed annual leave will be allowed, subject to the requirements of the service, up to a maximum of two of their working days, with pay to participate in such religious festivals. Other requests for leave of absence will be considered following discussion with Employee Relations. The total leave in any one year should not exceed five days. 12.1 Religious ceremonies of a family nature Up to one day’s leave of absence with pay may be granted to attend the ordination of, or similar service for a near relative. Requests for additional leave will normally be without pay following discussion with Employee Relations. 13. Participation in Cultural Events Leave of absence will only be where the cultural event is of national or international significance. Such leave of absence will normally be without pay. If the event involves the teacher in visiting a country with which relations are particularly sensitive, the Head of Service will refer the matter to the Chief Executive. 14. Time off for Education Related Matters 14.1 Attendance at exhibitions of the teacher’s own work Leave of absence will not normally be granted for this purpose. Any leave granted in exceptional circumstances will be without pay. 14.2 Leave to undertake authorised expeditions of an educational nature Leave may be granted without pay, for this purpose. Where the teacher undertakes work which is of significant benefit in educational terms a limited amount of leave with salary may
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be granted. If the expedition involves the teacher in visiting a country with which relations are politically sensitive, the Head of Service will refer the matter to the Assistant Chief Executive. If a teacher is taking pupils on an educational expedition as part of their work then no leave of absence is required. 14.3 Attendance at the National Mod as a competitor or adjudicator Two days leave of absence with pay may be granted. Requests for leave beyond two days should be referred to the Head of Service who will be empowered to grant further leave. 14.4 Work of the GTC, Education Scotland, SQA or other approved bodies Leave of absence, with pay will normally be granted to teacher who has been invited to participate in the work of such professional bodies provided that the exigencies of the service permit. Requests for leave beyond two days should be referred to the Head of Service with a recommendation and any other details including whether suitable arrangements can be made for the teacher’s duties to be covered. 14.5 Meetings or conferences of an educational or religious nature Leave may be granted where an applicant has been selected to attend certain significant conferences or meetings of an educational or religious nature in a representative capacity. Leave will be granted with salary subject to the deduction of any bursary or other payments made. Other than in exceptional circumstances the period of leave will not exceed five days. If the conference or meeting involves the teacher in visiting a country with which relations are politically sensitive, the Head of Education will refer the matter to the Assistant Chief Executive. 15. Learning & Development Leave 15.1 Training Connected with a Course of Study The Council has a Learning and Development Policy which can be viewed on myNL. You can also access LearnNL which provides details of the training courses available to employees of the Council. 15.2 Study Tours Leave of absence will normally be granted where the applicant has been selected to undertake certain study tours of direct benefit to the education service by enhancing the applicant’s abilities relative to the teaching post held. Leave shall normally be with pay subject to the deduction of bursary or other payments made. If the event involves the teacher visiting a country with which relations are particularly sensitive, the Head of Education will refer the matter to the Assistant Chief Executive. 15.3 Study Leave Study leave with or without pay may be granted to assist teachers undertaking approved qualifying courses. The conditions relating to this are laid down in Standard Circular F16.
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16. Career Breaks & Self-Funded Sabbaticals Please refer to Part 2 Section 9 of the SNCT Handbook for further details which is available here: Part 2 Section 9 - SNCT Handbook 17. Attendance at meetings of trade union or professional associations Teachers may request leave of absence for a number of purposes as a result of their membership of trade unions/professional associations. The term ‘professional association’ is used in this context to define bodies such as EIS, SSTA, NASUWT, AHTS and SLS rather than interest groups such as the Association of Advisers etc. Minimum entitlements in relation to time off in connection with the business of trade unions are set out in the Employment Protection (Consolidation) Act 1978 as amended by the 1996 Employment Act. The legislation makes a distinction between trade union duties for which time off is given with pay and trade union activities for which time off is given without pay. Trade union duties include matters such as attendance at negotiating meetings and representing members at grievance and disciplinary hearings. Trade union activities may involve participation in a wide range of business other than that immediately concerned with industrial relations matters. The authority’s policies are based on the statutory requirements but also take into account local agreements made with the teachers’ trade unions. In deciding how much leave of absence may be given and on what basis, the following general principles will be applied (a) Release of teachers in connection with the business of trade unions and professional associations will be subject to the exigencies of the service and will require the specific permission of the Assistant Chief Executive or in consultation with the headteacher. (b) Subject to the conditions above, teachers will be granted leave of absence with pay: (i) to attend local and national negotiating meetings, (ii) to represent members at grievance and disciplinary hearings and at employment tribunals, (iii) to represent their trade unions on certain educational bodies, (iv) to undertake approved training relating to their duties as trade union representatives (v) in connection with other duties directly concerned with industrial relations matters, (vi) attendance at the annual conference of the trade union at no additional cost to the school. (c) Teachers will be granted leave of absence, which will normally be without pay, for certain union activities such as: (i) attendance at other specially convened conferences or meetings of the policy making body of the union which do not directly concern this authority,
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(ii) attendance at branch or local meetings of the trade union convened during normal working hours but not dealing predominantly with local authority matters. 18. Other Special Leave There may be occasions when special leave is appropriate but may not be covered by the Special Leave provisions. In these exceptional circumstances, the relevant Head of Service has the discretion to authorise special leave, either paid or unpaid, up to a maximum of 10 working days in total (or up to the equivalent of two of the employee’s normal working weeks), within a 12 month rolling period for situations not already covered by this policy. Applications for special leave which exceed 10 working days, either paid or unpaid, and which are not covered in the above provisions, must be authorised by the Assistant Chief Executive. It is requested that, prior to any approval of a request for more than 10 days leave is given that the merits of the request be discussed with People & Organisational Development to ensure that no unintentional precedent is established. 19. Process for Applying for Special Leave Please note that the process for applying for special leave will vary dependent upon the type of special leave requested. Details of how to apply are contained in the relevant guidance notes which should be read in conjunction with this policy. Please note that leave granted in accordance with the terms of this policy, will be considered as continuous service with this council. The one exception to this is leave taken under Section 20, Career Breaks, where the period of leave will not be counted as continuous service.
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Appendix 2 F7 - Leave of Absence Guidance Note for Teachers & Associated Professionals Author Lynn McKenzie, Tracy Simpson Contact details mckenziel@northlan.gov.uk SimpsonT@northlan.gov.uk Owner Fiona Whittaker whittakerf@northlan.gov.uk Date Version number 1 Document status Draft Strategic Alignment Improving the Council’s Resource Base – A Workforce Strategy that is built around the needs of the Council (as a single resource base) to deliver the priority outcomes, ensuring future workforce requirements, new skills and innovative approaches, and succession planning are recognised. Change record Date Author Change made
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CONTENTS 1. Introduction 2. Bereavement 3. Time off for Dependants 4. Family Leave 5. Personal Leave 6. Leave for Medical Purposes 7. Participation in Sporting Events 8. Jury Service/Service as a Witness 9. Holidays or Festivals of Religious or Ethnic Groups 10. Career Breaks & Self-Funded Sabbaticals 11. Attendance at Meetings of Trade Union or Professional Associations 12. Other Special Leave 13. How to apply for period of Leave of Absence & Continuity of Service Appendix 1 Application Form for Leave (Time Off for Dependants 6.4-6.6)
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1. Introduction 1.1 The following guidance provides additional assistance when making a request for or granting leave of absence, and should be read in conjunction with the Leave of Absence for Teachers and Associated Professionals Policy. 1.2 For further clarification on any aspect of the policy, please contact People & Organisational Development. 2. Bereavement (Section 5 of the Leave of Absence Policy) 2.1 By the very nature of this category of special leave, care will be taken to consider all the circumstances surrounding your request for time off. 2.2 The list of relationships included in the policy is provided as a guideline only, and leave of absence will not be limited to the relationships detailed. Close relationships will vary from person to person and consideration will be given to each individual case. 2.3 It is expected that bereavement leave is to be taken at or around the time of the funeral, and is not to be used to deal with business relating to the estate of the deceased which may arise some time after the funeral. 2.4 It is expected that travel time to attend a funeral, within the United Kingdom, will be included in the amount of any paid leave of absence granted, up to the maximum detailed in the policy for each category of bereavement leave. However, if leave is required over and above the amount of leave already authorised, consideration may also be given to a period of additional leave under Section 18 of the policy. 2.5 If you have to travel abroad as a result of a bereavement, for example to attend a funeral or to make arrangements to retrieve remains of the deceased, it is expected that the necessary travel time will be included in the amount of any paid leave of absence granted, up to the maximum detailed in the policy. However, if leave is required over and above the amount of leave already authorised, consideration may also be given to a period of additional leave under Section 18 of the policy. 2.6 Parental Bereavement Leave (Section 5 of the Leave of Absence Policy) As detailed at Section 5.4 of the Leave of Absence for Teachers and Associated Professionals Policy, employees who suffer the loss of a child under the age of 18 are entitled to 2 weeks Parental Bereavement Leave (PBL). This includes parents who suffer a stillbirth after 24 weeks of pregnancy. Employees will be entitled to the maternity pay and leave that they would have been entitled to in the event of a live birth or in the event that a child dies following the birth. 2.6.1 You can take the leave at the time(s) you choose within the 56 weeks after your bereavement. However, the leave must be taken in blocks of at least one week, it cannot be taken as individual days. 2.6.2 If you wish to take the leave within the first 56 days after your bereavement, you do not need to provide any notice, however you must advise your line manager no later than when you are due to start work on the first day on which you wish to take leave or, if that is not feasible, as soon as you can. 2.6.3 To take leave more than 56 days after your bereavement, you must give your line manager at least one week's notice.
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2.6.4 If you change your mind about taking the leave you can cancel it and take it at a different time (within the 56 weeks after your bereavement). Where your leave was due to begin during the first 56 days after your bereavement, you must let your line manager know you no longer wish to take it before your normal start time on the first day of the leave. 2.6.5 Where your leave was due to begin more than 56 days after your bereavement leave you must advise your line manager know at least one week in advance that you wish to cancel it. You cannot cancel any week of parental bereavement leave that has already begun. 2.6.6 The Council recognises the need to provide bereaved parents with as much support as possible, and therefore you will continue to receive your normal contractual pay during the period of Parental Bereavement Leave. 2.6.7 During your leave, all the terms and conditions of your contract will continue. For example, holiday entitlement continues to accrue and pension contributions will continue to be paid. 3. Time Off for Dependants (Section 6 of the Leave of Absence Policy) 3.1 The right to request time off for dependant’s falls into three categories, one is time off work to deal with unforeseen matters or genuine emergencies, and the second is time of for a pre-arranged situation such as time to attend a pre-arranged hospital appointment with a dependant (Section 6.1 and 6.2 of the policy). The third category is to deal with the care or support of a dependant (Sections 6.4-6.6 of the policy). 3.2 A specific amount of time off is allowed for the different types of leave under Section 6 of the policy, however Heads of Establishment/Senior Officers must give additional consideration to the amount of time off available where the person for whom the employee is providing support or care to, has a disability. Further advice is available from People & Organisational Development. 3.3 It may not always be necessary or possible to take a full day’s leave on each occasion. It may be necessary to grant a half day of leave, allowing more flexibility both for the service and for you. It should be noted that if you choose to take half days, this will be counted as one occasion, and the maximum number of occasions per leave year prescribed within the policy cannot be exceeded. 3.2 Support of Dependant(s) 3.2.1 Section 6.1 of the policy allows employees to request time off to deal with the immediate situation/problem and make longer term arrangements for the care of the dependant. If necessary, and subject to the exigencies of the service, employees may be able to take the three occasions allowed over consecutive days. If you choose to do so, there will be no further special leave available under this category for a further 12 months from the first day of consecutive leave taken. 3.2.2 Section 6.2 of the policy allows employees to request time off to attend a prearranged medical examination or hospital appointment with a dependant. Paid leave will be granted for up to three occasions in a 12 month rolling period. 3.2.3 Section 6.4 to 6.5 allows employees to request time off to support or care for a dependant who has been diagnosed with a terminal illness or has a serious/long term health condition, as defined in the policy. The amount of time off for each of these
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circumstances is detailed in the policy, however Heads of Establishment/Senior Officers should seek advice from Employee Relations before referring applications to the Head of Service for approval to ensure consistency of application. 3.2.4 Post-Operative Recovery Employees can also request time off to care for a dependant who is recovering from an operation (Section 6.6 – Post-Operative Recovery). The table below provides a list of the types of operations that may require a dependant to have support at home following their operation. Whilst the list of operations are not exhaustive it covers the most common operations and should provide a good overall guide for managers. Details of the anticipated timescales for the amount of leave that may be required in each circumstance and the factors that could affect the recovery times are also provided. Heads of Service must ensure that a fair and consistent approach is taken when approving leave for this purpose, whilst taking individual circumstances into account, including whether the dependant has a disability. Post-Operative Recovery Type of Surgery Timescale for Leave Main Factors that could affect timescales Major Abdominal Surgery e.g. removal of bowel Up to 2 weeks Case by case basis Gall Bladder removal Up to 1 week Type of Surgery i.e. Keyhole or open Any complications Stent Up to 1 week Nature of underlying condition Any complications Major Cardiovascular surgery i.e. heart bypass Up to 4 weeks Case by case basis Breast Cancer - Mastectomy Up to 4 weeks Nature of surgery i.e. open or keyhole Any additional treatment inc. psychological Breast Cancer - Lumpectomy Up to 1 week Nature of surgery Any additional treatment inc. psychological Hysterectomy Up to 4 weeks Nature of surgery i.e. open or keyhole Any additional treatment inc. psychological Prostatectomy Up to 1 week Nature of underlying condition Any complications Kidney transplant/removal Up to 4 weeks Nature of surgery Any complications Any ongoing treatment Eye Surgery (not elective) Up to 1 week Nature of surgery Any complications Hip Replacement Up to 2 weeks Nature of Surgery i.e. total or part replacement Any complications Knee Replacement Up to 2 weeks Nature of Surgery i.e. total or part replacement Any complications
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3.2.5 Application process for Leave under Section 6.4 to 6.6 26 weeks continuous service is required to apply for time off under Sections 6.4 to 6.6, and employees must complete the application form attached to this guidance note (Appendix 1). Applications for such leave will be considered where an employee has the primary care responsibility for a dependant who has a terminal or serious illness, or is recovering from an operation as detailed at Section 6.6 of the policy. The application form, which is attached as an appendix to this guidance note, should be submitted to the Head of Establishment/Senior Officer at least four weeks prior to the proposed date of commencement of leave. However, if this is not feasible, reasonable notice should be provided. You are also required to provide appropriate medical evidence such as a letter from a GP, Hospital or other medical/care provider. This information should contain details of the nature of the care/support required and anticipated timescales if possible. The application form requires to be approved by the Head of Service. Further information is available from Employee Relations. 4. Family Leave (Section 7 of the Leave of Absence Policy) 4.1 Please refer to Part 2 Section 7 of the SNCT Handbook for further information. 4.2 In addition to statutory paternity leave as detailed within the SNCT Handbook, a father, husband or partner of an expectant mother is entitled to two additional week’s occupational paternity leave at full pay. Occupational paternity leave must be taken within 12 months of the birth and must be taken in blocks of no less than one week (subject to the exigencies of the service). If the father or partner of the expectant mother meets the criteria for statutory paternity leave, an employee can apply for occupational paternity leave by requesting this through myself. This will be recorded as special leave – occupational paternity leave. 5. Leave for Medical Purposes (Section 8 of the Leave of Absence Policy) 5.1 If you are requesting leave for non-emergency medical purposes, appointments should be arranged out with normal working hours. If this is not possible, appointments must be made at the start or end of the working day. 5.2 You should discuss time required with your Head of Establishment/Senior Officer – time will be given on a paid basis. 5.3 Leave to attend a hospital appointment will be authorised on the production of an appointment card or letter. There is no requirement for your manager to retain a copy of the appointment details on file. 5.4 There may be circumstances when you require time off to attend a hospital appointment, but due to the nature of the appointment, you may not wish to show the appointment card or letter to your Head of Establishment/Senior Officer. In these circumstances it may be appropriate for you to contact your POD representative, who will check the details on the appointment card or letter and then notify and confirm with your manager that leave may or may not be authorised.
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5.5 Where you are required to attend hospital on more than 4 occasions in a rolling 12 month period, the ongoing availability of leave of absence for this purpose should be discussed with the Head of Establishment/Senior Officer in the first instance. Each case will be considered on its own merits. 5.6 It is recognised that disabled employees may require an increased number of hospital appointments due to ongoing medical treatment. The Equality Act 2010 requires that the employer makes reasonable adjustments in order to retain disabled employees in employment. Each case will be considered on its own merits 6. Personal Leave (Section 9 of the Leave of Absence Policy) 6.1 As referred to in section 9 of the Leave of Absence policy, examples of personal leave include: Attendance at Weddings Marriage during Term-time Accompanying Spouse on Business trips and Holiday House Removal Interviews Other Personal Business The entitlement associated with each type of leave is detailed in the Leave of Absence Policy. 7. Participation in Sporting Events (Section 10 of the Leave of Absence Policy) 7.1 This provision is not exclusive to those detailed in the policy. All requests received for paid leave under this category will be considered on an individual basis. If you request leave under this category, you may also make use of Section 18 of the policy, if required. 8. Jury Service/Service as a Witness (Section 10 & 11 of the Leave of Absence Policy) 8.1 If you attend court either to serve on a jury or as a witness or a witness on behalf of the Council, paid leave will be granted, on the understanding that the equivalent of any monies received, either witness fees or loss of earnings, will be paid back to the Council. 8.2 Payroll will be advised by your Head of Establishment/Senior Officer, of the details of your attendance at court, attaching a copy of the letter from the court advising the amount of fees or earnings paid. Payroll will then deduct this amount from your earnings to ensure that you are not paid twice. 8.3 Not all court or witness leave will be paid. An example which would not qualify you for paid leave could be attending court to deal with divorce proceedings. If you are cited to attend as a witness for another party, it is expected that loss of earnings will be reimbursed by the individual requesting your attendance as a witness and that unpaid leave will be granted to attend court. 8.4 There may be occasions when you have to attend legal proceedings, not as a witness, but to accompany a minor. Examples are accompanying a minor who has been called as a court witness or accompanying a minor attending a Children’s Panel Hearing, and paid time off will be granted for this purpose.
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8.5 Non regular forces or the Volunteer Reserve Forces consist of the Royal Naval Reserve (RNR), the Royal Marines Reserve (RMR), the Territorial Army (TA) and the Reserve Air Forces. 8.6 If you are a Reservist and are called for duty into full-time service with the Regular Forces, a call out notice will be issued to you. In addition, the Council will be issued with an acknowledgement notice, to be returned to the Ministry of Defence, as the consent of your employer is required. 8.7 Leave for the duration of Reservist duty will be paid leave. At the end of your period of duty, you have the right to return to your former employment or suitable alternative employment. For further advice on Reservists, contact POD. 9. Holidays or Festivals of Religious or Ethnic Groups (Section 17 of the Leave of Absence Policy) 9.1 If you celebrate holidays or festivals on days other than those allocated by the Council and have fixed annual leave, you will be allowed, subject to the requirements of the service, up to a maximum of two of your working days, with pay, to participate in such festivals. The total leave should not exceed five days within a 12 month period. 9.2 It should be noted that there may not always be a requirement for an employee to have time off during working hours for religious observance. Consequently, due consideration should be given prior to authorisation of leave on this basis to avoid setting precedents. 10. Career Breaks & Self-Funded Sabbaticals (Section 16 of the Leave of Absence Policy) 12.1 Please refer to Part 2 Section 15 of the JNCT Handbook for further information. 12.2 A Career Break is defined as a period of special leave without pay. The purpose of a career break is to provide teachers and associated professionals with an opportunity to obtain an extended break. While there are no prescribed activities that a career break must involve, examples might include the care of children (or other family members), voluntary work, travel or study. 12.3 Eligible employees are required to have at least 2 years’ continuous employment, on a permanent or temporary basis, with the Council. In the case of teachers, the employee is required to have at least 2 years’ continuous employment after achieving the Standard for Full Registration with the General Teaching Council for Scotland. 12.4 A career break will last for a minimum of 6 months and a maximum of 5 years. Breaks of a shorter duration will be covered by special leave requests (see paragraph 1.3 above). The length of the intended career break should be identified at the point of application. 11. Attendance at Meetings of Trade Union or Professional Associations (Section 17 of the Leave of Absence Policy) Details on what leave is available is outlined within Leave of Absence Policy for Teachers. These general guidelines will be applied in specific circumstances noted in the following paragraphs:
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(a) Where a member of the teaching staff in the authority has been elected to high office in one of the major trade unions or professional associations, he/she will be granted additional leave to allow the wider duties of the post held to be undertaken effectively. The actual amount of additional leave to be granted will be determined by the Assistant Chief Executive. Where the teacher accepts with the agreement of their Assistant Chief Executive a convenership or vice convenership of a national body, he/she will be treated more favourably than the general provisions made below. Such exceptional circumstances should be taken into consideration in the staffing arrangements made for the school involved. (b) In all other cases a limit will be set on the amount of leave granted in any one session. In normal circumstances the leave limit will be equivalent to twenty days (FTE). The maximum amount of leave will only be granted where the full twenty days is actually required. Teachers applying for such leave must seek the approval of the Assistant Chief Executive. The twenty days will include time for all activities. Where a teacher is appointed by the trade union to represent it on an outside body such as the LTS, SQA or committees of these or other bodies of a professional nature, time for attendance shall be included within the twenty days. Where teachers who are trade union officials are separately elected to such bodies, time for attendance shall not be included within the twenty days limit. (c) At the start of each session, teachers involved must indicate the time which they estimate will be required for trade union duties. This will include attendance at the AGM of the association, executive meetings approved as duties, STUC conferences, SNCT national and local meetings etc. Thereafter, the remaining time may be requested for other activities in which the teacher is involved as a result of their union membership. It is recognised that it is difficult to estimate in advance the number of days required for trade union duties. Nevertheless, past experience should provide a relatively accurate guide. (d) The onus is on the teacher to make application for leave for individual duties and activities as defined in paragraph (c) above. For this purpose, Form PS16 – Time Off For Trade Union Duties, Training and Activities should be completed by the applicant and given to the head teacher for onward transmission to the Personnel Section. The form reproduced as Appendix 2 will be used for this purpose. (e) Where difficulties arise in handling individual applications, reference should be made to the Assistant Chief Executive of education. In certain cases, the Assistant Chief Executive will contact the general secretary of the professional association union or thier nominated representative to clarify the situation before a final decision is reached. 12. Other Special Leave (Section 18 of the Leave of Absence Policy) 12.1 Section 18 of the policy is the provision of leave for other occasions that are not categorised within the policy. 12.2 Examples of instances when this section of the policy could be accessed are additional bereavement leave; additional leave to participate in a sporting event. These are examples only and applications under this section should be given individual consideration before any decision is taken.
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12.3 The relevant Head of Service has the discretion to authorise leave of up to a maximum of 10 days, either paid or unpaid. If you are seeking leave of up to 10 days, either paid or unpaid, you should forward a request in writing to your Head of Service, stating the reasons for the request for leave. The Head of Service will consider the request and respond in writing to you. 12.4 If the requested leave exceeds 10 days, either paid or unpaid, approval must be sought by the Assistant Chief Executive. You should forward a request in writing to the Assistant Chief Executive stating the reasons and the amount of leave requested. For requests for leave exceeding 10 days, the Assistant Chief Executive will consult with the People & Organisational Development. If, following consultation, agreement is reached on a recommendation, the Assistant Chief Executive will respond in writing to you. 12.5 If, following consultation, agreement cannot be reached to recommend leave, the Assistant Chief Executive will respond in writing to you. You have the right to appeal against this decision, using the council’s Grievance Framework for Teachers. 13. How to apply for a period of leave of absence 13.1 The majority of applications for leave of absence can be made by using Myself, however, application forms must be completed and approved prior to this for some categories of special leave such as Time for Dependants, Maternity/Adoption Support Leave, Shared Parental Leave and Career Breaks. 13.2 Where special leave is requested in advance, you must ensure you provide adequate time for your Head of Establishment/Senior Officer to consider your request, if this is feasible. You should also submit any supporting documentation to your Head if Establishment/Senior Officer at the same time. There is no requirement for your manager to retain a copy of appointment details on file. 13.3 It is accepted that in certain limited circumstances you may be unable to discuss the requirement for leave of absence in advance with your Head of Establishment/Senior Officer. In such circumstances, you must make contact with your manager by telephone (text messaging and email are not acceptable unless alternative contact arrangements have been made as part of a reasonable adjustment) as soon as possible and not later than the commencement of core time on the day the leave is required. Failure to make contact with your manager could result you taking unauthorised leave of absence which may lead to disciplinary action. 13.4 Leave granted within the terms of the Leave of Absence Policy will be considered as continuous service with this council. 13.5 The one exception to this is leave taken under Section 16, Career Breaks & Self-Funded Sabbaticals. The period leave will not be counted as continuous service, however, service prior to and following the leave will be linked and these two periods will count as continuous service for contractual purposes, even although there has been a break in service. Please refer to SNCT for further guidance.
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Appendix 1 F7- Leave of Absence Policy Application for Time off for Dependant(s) - (6.4 – 6.6) Leave may be available for employees with 26 weeks continuous service. Terminal Illness of a Dependent - Subject to the appropriate evidence a maximum of 16 working weeks leave be taken. Payment for leave may be available for up to 8 weeks paid and 8 weeks unpaid. The maximum period of leave may be extended in exceptional circumstances. Serious/Long Term Health Condition of a Dependant - Subject to the appropriate evidence a maximum of 8 working weeks leave may be taken. Payment for leave may be available for up to 4 weeks paid and 4 weeks unpaid. Post-Operative Recovery – The available time off in these circumstances will depend on the nature of the operation.( See section 4.2.3 of this guidance note) Leave for all categories may be broken down into smaller periods of leave i.e. 1 day but cannot exceed the maximum working weeks. Part 1 – Employee details (to be completed by employee) You can apply for dependants leave if you have 26 weeks continuous service at the date of commencement of your period of leave. You must submit this application to your line manager for authorisation by the appropriate Head of Service or nominated officer, at least four weeks prior to the proposed date. However, if this is not feasible, reasonable notice should be provided. Employee name: Service/Division: Job title: Employee number: Continuous service start date* *This is recognised continuous service detailed in NLC Core Conditions of Service Part 2 – Reason(s) for leave (to be completed by employee) I am applying for carers’ leave for the following reason: (Please select the relevant reason below and provide further detail) 6.4 Terminal Illness of a Dependant(s) 6.5 Serious/Long Term Condition 6.6 Post-Operative Recovery Further Information
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Evidence attached (please tick):
Letter from GP
Letter from hospital
Letter from consultant
Evidence attached (please tick):
Supporting memo from line manager
Other (please give details below):
Leave requested:
Date from:
Date to:
Number of working days if less than a full
week:
Full day / part day (please delete)
Times requested if less than a full day:
No of weeks:
Other arrangement:
Do you have any other relatives or friends who can share the caring responsibility? YES
NO Please give details:
If you answered yes to the above question, does your relative or friend work for North
Lanarkshire Council? YES NO
If your relative or friend works for NLC, please provide further details:
Employee name: Service/division:
Job title:
Has the above named –
Applied for time off to support your dependant? YES NO
Has it been approved? YES NO DECISION PENDING
If it has been approved, please detail the dates to/from and the amount of leave being
taken:
If you have taken time off to
support a dependant under 6.4-6.6
in the last twelve months, provide
dates when leave was taken and
reason:
____________________________________________ Employee Signature
____________________________________________ DatePage 35
Part 3 – Authorisation A - Line manager considered application - approve YES NO (If not approved please provide reason) Requested Approved Date from: Date to: Number of working days if less than a full working week: Full day / part day (please delete) Times requested if less than a full day: Total No of weeks: Other arrangement: Signature – Date - If approval varies from request please give details and any review period agreed – If yes, what, management action will be taken in order to maintain service provision during period of leave (this will apply more often during prolonged period of leave) – B –Head of Service / Nominated Officer considered application – approve YES NO Signature – Date – If no, reason(s) – C – Copy of completed form with decision to be provided to employee by line manager: Date form provided to employee – ___/____/____ Line manager will advise payroll of the period of leave authorised.