Democracy Spraffa

Family Leave for Elected Members

North Lanarkshire Council · 29 September 2022
Back to Policy and Strategy Committee — 29 September 2022 and its agenda

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North Lanarkshire Council
Report
Policy and Strategy Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref  Date 29/09/22 
Family Leave for Elected Members 
From  Head of Legal and Democratic Solutions  
E-mail rosean@northlan.gov.uk Telephone 07951 409714 
1. Background 
1.1 The Family Leave Guidance issued by COSLA sets out some key principles which local
authorities may wish to adopt to support their Elected Members during periods of
maternity, paternity, shared parental and adoption leave. 
1.2 The desired objective of the guidance is to ensure that, insofar as is possible, Elected
Members can take appropriate leave at the time of birth or adoption, that both parents
are able to take leave, and that reasonable and adequate arrangements are in place to
provide cover for portfolio holders and others in receipt of Special Responsibility
Allowances (SRA) during any period of leave taken. 
Executive Summary 
In September 2019, COSLA Leaders agreed to the circulation to councils, for voluntary
adoption, its Family Leave Guidance. The final version of the guidance was subsequently
circulated in April 2020. 
Recommendations 
(1). that the Family Leave Guidance, as issued by COSLA, be adopted by the Council,
and 
(2). that it be acknowledged that adoption of the Guidance by the Council does not
confer any legal and/or contractual rights on either the Council or Elected Members. 
The Plan for North Lanarkshire
Priority  Improve the health and wellbeing of our communities
Ambition statement (24) Review and design services around people, communities, and
shared resources

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2. Report 
2.1 At the outset, it is important to clarify that there is no legal right to family leave of any
kind for people in elected public office. As such, the guidance requires to be
implemented on a voluntary basis and confers no contractual, nor worker/employment
status. 
Key Highlights of the Guidance 
2.3 The guidance provides explanation as to how leave would operate and touches on
the matter of remuneration. For the attention of the committee, below are listed some
key areas:- 
• Members giving birth are entitled to up to 6 months maternity leave from 28 days before
their due date
• Members shall be entitled to take a maximum of 2 weeks paternity leave if they are the
biological father or nominated carer of their partner/spouse following the birth of their
child(ren)
• A Member who adopts a child through an approved adoption agency shall be entitled
to take up to six months’ adoption leave from the date of placement.
• The legal requirement to attend a meeting of the Council within a six- month period is
unaffected
• All Members shall continue to receive their Basic Allowance in full whilst on maternity,
paternity or adoption leave
• The payment of SRA, whether to the primary SRA holder or a replacement, during a
period of maternity, paternity, shared parental or adoption leave shall continue for a
period of up to six months
• Unless the Member taking leave is removed from their post whilst on leave, or unless
the Party to which they belong loses control of the Council during their leave period,
they shall return at the end of their leave period to the same post, or to an alternative
post with equivalent status and remuneration which they held before the leave began 
3. Measures of success 
3.1 Promotion and development of the diversity of Elected Members by removing the
identified key barrier of absence of formal family leave preventing individuals from
standing or re-standing for elected office. 
4. Supporting documentation 
Archie Aitken
Head of Legal and Democratic Solutions

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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?
Positive impact in that it removes the identified key barrier of absence of formal
family leave.
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?
Any costs are, as yet, unable to be quantified. However, it is considered unlikely that
the Council would need to incur additional costs given that any SRA to be paid would
either continue to be paid to the Member or, at the request of that Member, allocated
to another for the duration of leave. There would not be any additional monies paid
should an alternative Member be appointed to undertake duties.
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?
Whilst there are no direct HR implications, it should be reiterated that the adoption of
the COSLA Guidance on Family Leave for Elected Members confers no contractual
nor worker/employment status. 
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? 
Adoption of the guidance by the Council does not confer contractual rights to the
elected member.
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?

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Yes ☐ No ☐
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
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?