ST AUGUSTINE’S CE (VA) J & I SCHOOL LEAVE OF ABSENCE ... · ST AUGUSTINE’S CE (VA) J & I SCHOOL...

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ST AUGUSTINE’S CE (VA) J & I SCHOOL

LEAVE OF ABSENCE POLICY

Spring 2015

POLICY REVIEW - Amendment History Next Review: Autumn 2015

May 2013 Draft policy from EducateHR reviewed by S Khan. No amendments made.

June 2013 Reviewed and approved by the Resources Cttee, subject to addition of ‘civil partnerships’

Feb 2015 Radical update by EducateHR (1214) to include legislative changes to flexible working and shared parental leave.

March 2015 Approved without further amendment by the GB 25 March 2015

OUR MISSION ‘...We aim to serve our multi-racial, multi-faith community by providing an education of the highest quality within the context of Christian belief and practice, irrespective of race, culture, religion, sexual orientation, gender, class or ability...’

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Contents Page

1. Introduction ............................................................................................................................................. 3

2. Purpose and scope ................................................................................................................................. 3

3. Absence entitlements ............................................................................................................................. 3

4. Requesting leave of absence .................................................................................................................. 3

5. Absence without leave ............................................................................................................................ 4

6. Inability to get to normal place of work/emergency school closure ...................................................... 4

7. Family-friendly policies guidance† ......................................................................................................... 4

a) Flexible working ........................................................................................................................... 4

b) Parental leave† ............................................................................................................................. 6

c) Time off for dependents ............................................................................................................... 7

d) Time off for antenatal appointments ........................................................................................... 8

8. Maternity leave (teachers) ....................................................................................................................... 8

9. Maternity pay (teachers) ......................................................................................................................... 9

10. Maternity leave (support staff) .............................................................................................................. 10

11. Maternity pay (support staff) ................................................................................................................ 11

12. Paternity leave - birth & adoption (teachers) ........................................................................................ 12

13. Ordinary paternity leave - birth and adoption (teachers & support staff) ............................................ 12

14. Ordinary paternity pay (teachers) ......................................................................................................... 12

15. Ordinary paternity pay (support staff) .................................................................................................. 12

16. Shared Parental Leave† ......................................................................................................................... 12

17. Notification and evidence for Shared Parental Leave† ......................................................................... 14

18. Booking Shared Parental Leave† .......................................................................................................... 15

19. Responding to a Shared Parental Leave notification† .......................................................................... 16

20. Variations to arranged Shared Parental Leave† ................................................................................... 16

21. Statutory Shared Parental Pay (ShPP)† ................................................................................................ 17

22. Shared Parental Leave in Touch days (SPLIT)† .................................................................................... 18

23. Returning to work after Shared Parental Leave† .................................................................................. 18

24. Adoption leave and pay (teachers and support staff)† ......................................................................... 19

25. Other policies and procedures ............................................................................................................. 19

†Some or all clauses in these sections are only applicable from 5 April 2015 onwards

(until which time the relevant elements of the previous policy (version 1213) should remain operative)

Appendix 1: Leave entitlements for all school based staff ........................................................................ 20

Appendix 2: Request for Leave of Absence (time off in term time) ........................................................... 24

Appendix 3: Flexible working requests flowchart ...................................................................................... 26

Appendix 4: Flexible Working Request Form ............................................................................................. 27

Appendix 5: Flexible working application acceptance form ...................................................................... 29

Appendix 6: Flexible working application rejection form .......................................................................... 30

Appendix 7: Flexible working employee appeal template letter ................................................................ 31

Appendix 8: Flexible working appeal reply ................................................................................................ 32

Appendix 9: Flexible working extension of time limit form ........................................................................ 33

Appendix 10: Flexible working notice of withdrawal of application form .................................................. 35

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1. Introduction

1.1 This policy serves to assist the headteacher and governing body in making decisions about

requests for leave in accordance with legal, contractual and moral obligations and to ensure that such requests are dealt with fairly and consistently.

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

absence will be dealt with through the school’s grievance procedure. 1.3 If an employee takes leave of absence without the prior consent of the headteacher/senior

manager this may warrant a sanction under the school’s disciplinary policy.

2. Purpose and scope

2.1 This procedure applies to all staff working in the school. 2.2 Teachers and ‘term time only’ support staff have contracts of employment which provide for

annual holidays to be taken during school closures. There is therefore no contractual entitlement to time off during term time.

2.3 However, employees have an entitlement in law to time off work in certain circumstances,

in some cases with pay. This policy details these entitlements. 2.4 It is also recognised that, from time to time, the school may agree to grant individual

employees time off during term time (whether paid or unpaid) for a variety of reasons.

3. Absence entitlements

3.1 The Conditions of Service for School Teachers in England and Wales (generally referred to

as the Burgundy Book) gives some broad national agreements on leave of absence for teachers.

3.2 The Conditions of Service for Local Government Services (generally referred to as the

Green Book) gives some broad national agreements on leave of absence for Local Government employees (generally support staff).

3.3 This policy takes account of the provisions of both the Burgundy Book and the Green Book

and sets them in the context of a predominantly term time only workforce. A schedule of entitlements for staff is attached at Appendix 1.

4. Requesting leave of absence

4.1 Any employee is entitled to submit a request for time off giving reasons and appropriate

notice. The headteacher (or nominated manager) will give due consideration to this request based on the merits of the individual case, the needs of the service and the employee’s contractual arrangements.

4.2 The request form for Leave of Absence (Appendix 2) should be completed by all staff as

appropriate. 4.3 Any implications arising from the decision should be discussed between the headteacher

(or nominated manager) and the individual concerned. If the staff member is not happy with the decision they have the right to pursue a grievance in accordance with grievance procedure.

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5. Absence without leave

5.1 Staff who fail to attend their place of work (or if homeworking fail to make contact with the

headteacher/line manager) and have not complied with the Attendance Policy reporting procedures, or do not have prior authorised leave under this policy, will be deemed to be absent without leave.

5.2 If a staff member fails to contact the headteacher/line manager during the first day of

absence, the headteacher/line manager should attempt to make contact with the staff member by telephone/text/e-mail to establish why they are not at work and when they will return to work.

5.3 If the headteacher/line manager is unable to make contact with the staff member within the

first two working days of absence, they should write to the staff member. The letter should instruct the staff member to contact the headteacher/line manager or other specified contact (named) immediately, remind them of the procedure for notification of absence and indicate the possible outcome/action should no contact be made (i.e. loss of pay, disciplinary action).

5.4 If there has still been no contact after 5 working days of absence, the headteacher/line

manager should write to the staff member again, using recorded delivery. The letter should require that the staff member contact the headteacher/line manager or other specified contact (named) by a certain date (within 2 working days of sending the letter); remind them of the procedure for notification of absence; inform them of previous attempts made by headteacher/line manager to contact them and inform them that with immediate effect their pay will be suspended and failure to make contact within the date specified may result in disciplinary action being taken against them.

5.5 If the staff member still fails to make contact within the specified period the headteacher or

nominated manager should consider whether to require the staff member to attend an investigatory meeting to establish the facts of the case or to move straight to a disciplinary hearing.

6. Inability to get to normal place of work/emergency school closure

6.1 In the event of disruption to normal travel to work arrangements, for example, because of exceptionally poor weather conditions, employees should make every effort to get to school where it is safe to do so. This includes in circumstances where the school may be closed to pupils.

6.2 In some circumstances staff may be instructed to work from home (where the job role allows).

6.3 Where the headteacher considers it was not safe/possible for the employee to travel to

school, or the headteacher instructed staff not to attend work, and it was not considered possible for an individual to work from home, time off with pay will be granted for the duration of the disturbance.

7. Family-friendly policies guidance

a) Flexible working

7.1 All employees with a minimum of 26 weeks continuous service have a statutory right to make an application for flexible working arrangements.

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7.2 Legislation requires that the process is completed within three months of the request being received. This time limit includes any appeals. However, if for some reason the request cannot be dealt with within three months the time limit may be extended, provided that the employee agrees to the extension.

7.3 Eligible employees are able to request the following:

a change to the hours they work (staggered, compressed, reduced etc)

a change to the times when they are required to work

to work from home.

7.4 The facility to apply for flexible working does not provide an automatic entitlement to work flexibly as there may be circumstances when the employer is unable to accommodate the employee's desired work pattern.

7.5 The initial onus will be on the employee to make a considered application in writing. They

will only be able to make one application a year under the right, and if it is accepted it will mean a permanent change to the employee’s contract of employment (unless the employer and employee specifically agree otherwise). If it is not accepted they are not permitted to make further application under this right for the next 12 months.

7.6 The employee has a responsibility to think carefully about their desired working pattern

when making an application and the employer is required to ensure that all flexible working requests are afforded serious consideration.

7.7 The employee must state what effect the proposed change would be anticipated to have on

their employer and how any such effect might constructively be addressed by the employer (see application for flexible working).

7.8 On receipt of the written application the school (as the employer), usually represented by

the headteacher or line manager, should arrange, without unreasonable delay (and usually within 10 working days), to meet with the employee to discuss the request (unless they feel able to accommodate the request without further consideration). The employee will be entitled, should they so wish, to bring a companion to this meeting.

7.9 The headteacher or line manager, in conjunction with the school governing body, is

responsible for ensuring that all flexible working requests are given serious consideration and that they are determined on its own individual merits and in accordance with the case put forward. In every instance, the needs of the individual member of staff should be balanced against the needs of the school

7.10 All flexible working requests will be considered in a reasonable manner and will only be

refused if there are sound business reasons for doing so. Any such reason(s) must be from the following list:

the burden of additional costs

an inability to reorganise work amongst existing staff

an inability to recruit additional staff

a detrimental impact on quality

a detrimental impact on performance

a detrimental effect on ability to meet customer demand

insufficient work for the periods the employee proposes to work

a planned structural changes to the business 7.11 The school should then write to the employee (within 10 working days of this meeting) to

either agree to a new work pattern (and a start date) or to provide a clear explanation of

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business reasons why the application cannot be accepted. Any business reason(s) cited must be from the list provided in clause 7.10.

7.12 There may be some occasions when the school receives from different employees, within a

short space of time, more than one request to work flexibly. Such requests should be considered in the order they are received.

7.13 In the event of having considered and approved an initial request the school (in the person

of the headteacher or line manager considering the request) should be mindful that the business context has now changed and that this can be taken into account when assessing a second (or subsequent) request against relevant business considerations.

7.14 When the school receives simultaneous requests (from more than one applicant) they are

not required by law to make value judgements about the most deserving request. Each case will be considered on its own merits with regard to the business case and the possible impact of complying with any individual request.

7.15 The school will exercise caution in order not to discriminate (either directly or indirectly) against any employee (for instance when dealing with requests from employees with childcare responsibilities or employees with protected characteristics eg disability, race etc).

7.16 The employee has a right to appeal formally against their employer’s decision. Any appeal

must be lodged within 10 working days of the decision being notified to the employee (although at this juncture it may be helpful for the employee to speak informally to the headteacher/line manager about their decision as this may reveal new information or an omission before the next stage of the process is initiated).

7.17 An appeal should be based on either:

new information that was not available to the employer at the time the initial decision was made; or

a belief that the initial decision was unreasonable.

7.18 An appeal will be heard by an individual (or panel) who is (or are) independent of the initial

decision making process and is senior in authority to the person making the initial decision. The employee has the right to be accompanied at this meeting by a work colleague or union representative.

7.19 The appeal decision should be communicated in writing (within 10 working days of the

appeal being heard) and is to be regarded as final. There is no recourse to the grievance procedure.

b) Parental leave†

NB Please note parental leave should not be confused with Shared Parental Leave (introduced 1 December 2014 and applicable to births due on or after 5 April 2015) which is dealt with in Section 16. † With regard to parental leave, clauses marked † are not fully operative until 5 April 2015. Prior to this date reference should be made to the relevant clauses (7.1 and 7.2) of the previous version of this policy (suffix 1213) with regard to an individual employee’s entitlement to parental leave.

7.20† Eligibility for parental leave is applicable to all staff within the school. Parental leave applies to both parents and is distinct from ‘maternity leave’ and ‘shared parental leave’. A

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member of staff is entitled to parental leave (a period of unpaid leave) once he or she has been continuously employed for a year or more and:

is the parent (named on the birth certificate) of a child who is under 18 years old

has adopted a child under the age of 18 - the right lasts until the child’s 18th birthday

has acquired formal parental responsibility for a child who is under 18 years old. A step-parent will have to apply to the court to acquire formal parental responsibility if they wish to take parental leave in respect of their spouse’s child or children

7.21† All members of staff are entitled to 18 weeks’ unpaid leave in respect of each child who qualifies as above.

7.22 The key elements of parental leave are:

leave may be taken in blocks of one week upwards (this minimum period does not apply in relation to a child with disabilities)

the member of staff must give at least 21 days’ notice of taking leave

the employer can postpone leave for up to six months, for example, for business reasons

a member of staff may not take more than 4 weeks leave in respect of any individual child during one leave year

outstanding parental leave can be carried over to a new employer, but a further one year qualifying period of service is needed before there is any entitlement to take this leave.

7.23 When a member of staff takes parental leave of four weeks or less, they are entitled to

return to the job in which they were employed before the absence. c) Time off for dependents

7.24 All employees have the right to a reasonable amount of time off (one or two days) during working hours to support a dependant. This time off is intended to deal with unforeseen occurrences and emergencies. This section applies to all staff within the school. This

includes staff on fixed term contracts. In these circumstances, there is no qualifying period of service.

7.25 A dependent is defined as:

a spouse or partner

a child

a parent

someone who lives in the same household (with the exception of an employee, tenant, lodger or a boarder)

anyone who reasonably relies on the member of staff either for assistance or to make care arrangements in the event of illness or injury.

7.26 These definitions also include partners or elderly relatives living with the family (and

schools should additionally be mindful of the potential for a claim of discrimination on grounds of disability by association).

7.27 A member of staff is entitled to take a reasonable amount of unpaid time off to:

help, or make care arrangements, when a dependent becomes ill, gives birth or is injured or assaulted

make arrangements following the death of a dependent

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deal with unanticipated disruption to, or termination of, arrangements for the care of a dependent.

7.28 The injury or illness need not be life-threatening and would include both physical and

mental illnesses. A member of staff can exercise this right in the unexpected absence of a childminder, nanny, nurse or carer.

7.29 The right to time off is intended to cover genuine emergencies – if members of staff know in

advance that they will need time off, they should request annual leave or leave of absence. 7.30 It is the responsibility of the member of staff to:

inform the school as soon as is reasonably practicable

let the school know how long he or she expects to be off work, if this is possible. 7.31 It is not necessary for this notice to be given in writing. There is no requirement for the

member of staff to produce evidence, either of their relationship to the dependent, or the incident that triggers a request for leave.

7.32 Where a request for time off for dependents has been refused and this is not accepted by

the employee, initially the employee should seek to resolve the issue with the governing body. If this is unresolved, the employee should seek to use the grievance procedures.

7.33 If the school believes that the member of staff is abusing the right to time off, the matter

should be dealt with through the disciplinary policy. d) Time off for antenatal appointments

7.34 All employees are entitled to accompany their partner in attendance at up to 2 antenatal appointments (taking up to six and a half hours each time). This time is unpaid.

7.35 The employee should provide a signed declaration stating:

they have a qualifying relationship with a pregnant woman or her expected child;

the purpose in taking time off is to accompany a pregnant woman to an ante-natal appointment;

the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse; and

the date and time of the appointment.

8. Maternity leave (teachers)

a) Notification period

8.1 There is a requirement for a woman to provide notification of pregnancy to the school by the end of the 15th week before the expected week of confinement.

8.2 Under the statutory arrangements it will also be possible for a teacher to change the date

her leave commences provided she gives 28 days’ notice (unless this is not reasonably practicable).

8.3 Employees must notify the school of the following at least 28 days before their maternity

leave absence begins:

that they are pregnant

the expected week of childbirth (EWC)

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the date from which they wish their maternity leave to commence (to be notified in writing if requested) - this cannot be earlier than the 11th week before the EWC.

8.4 Schools/academies can request the following:

written notification of the date an employee wishes to start their maternity leave

that an employee produces a MAT B1 certificate from a registered medical practitioner or midwife stating the EWC.

b) Rights of the teacher to time off from work for maternity leave

8.5 The statutory arrangements provide for the following:

Pregnant employees will be entitled to a total of 52 weeks leave. This is made up of 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave, regardless of length of service.

c) Commencement of maternity leave

8.6 The earliest date a woman is able to start her maternity leave will continue to be the

beginning of the 11th week before her baby is due. A woman can choose to commence her maternity leave on any day of the week.

d) The sickness/maternity leave ‘trigger’

8.7 A woman’s maternity leave will start automatically if she is absent from work for a pregnancy related illness during the four weeks before the start of her EWC, regardless of when she has said she actually wants her maternity leave to start.

e) Acknowledging requests for maternity leave

8.8 Employers must write to the employee within 28 days of receiving the notice from the employee, and inform the employee of their expected date of return should they take their full entitlement.

f) Notification of return to work

8.9 Under the provisions of the Burgundy Book (which overrides statutory arrangements) where

a teacher wants to return to work early from either ordinary maternity leave or additional maternity leave, she must give 21 days’ notice. Where this notice is not given, the employer may postpone return for up to 21 days from the date when the teacher informs the employer of the early return.

9. Maternity pay (teachers)

9.1 A teacher must have 26 weeks continuous service with the employer at the 15th week

before the EWC and must be in employment during the qualifying week. In addition, earnings must be above the lower limit for the payment of National Insurance contributions.

9.2 Teachers who meet the criteria will be entitled to receive 39 weeks Statutory Maternity pay

(SMP), as follows:

6 weeks at 9/10ths of a week’s pay

33 weeks at standard rate SMP

whilst the remaining 13 weeks of maternity leave are unpaid.

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9.3 If a teacher is not entitled to SMP in accordance with the above they must be given a Form SMP1 so that they can claim Maternity Allowance (MA) from the Benefits Agency.

9.4 Teachers who also have one year’s continuous service at the 11th week before the EWC

will receive 18 weeks Occupational Maternity Pay (OMP), as follows:

4 weeks at full pay

2 weeks at 9/10ths of a weeks’ pay

12 weeks at half pay, plus SMP, (reduced by the extent to which the combined half-pay and SMP may exceed full pay)

21 weeks Statutory Maternity Pay (SMP)

whilst the remaining 13 weeks of maternity leave are unpaid.

9.5 Where a teacher has declared in writing that she intends to return to work she will receive half pay without deduction except to the extent that the half pay, plus SMP (or MA and any dependent’s allowances if the employee is not eligible for SMP) exceeds full pay. This is paid on the understanding that a woman will return to the school’s employment for at least 3 months.

9.6 In the event of the teacher not returning to our employment the employee will be required to

refund the 12 weeks half pay. If the employee is uncertain about their future intentions, they may wish to delay their decision on receiving payment of their Occupational Maternity Pay until a later date.

10. Maternity leave (support staff)

10.1 The following information is a summary of the statutory rights, and includes details

regarding the National Joint Council for Local Government Services Maternity Scheme, covering non-teaching staff.

a) Notification period

10.2 There is a requirement for a woman to provide notification of pregnancy to the school by

the end of the 15th week before the expected week of confinement. 10.3 Under the statutory arrangements it will also be possible for an employee to change the

date her leave commences provided she gives 28 days’ notice (unless this is not reasonably practicable).

10.4 Employees must notify the school of the following at least 28 days before their Maternity

Leave absence begins:

that they are pregnant

their expected week of childbirth (EWC)

the date they want their Ordinary Maternity Leave to start (to be notified in writing if requested) - this cannot be earlier than the 11th week before the EWC.

10.5 Schools/academies can request the following:

written notification of the date an employee wishes to commence their Ordinary Maternity Leave

that an employee produces a MAT B1 certificate from a registered medical practitioner or a registered midwife stating the EWC.

b) Rights of support staff to time off for maternity leave

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10.6 Pregnant employees will be entitled to 52 weeks Maternity Leave regardless of how long they have worked for their employer.

c) Maternity leave and pay scheme

10.7 The National Joint Council (NJC) for Local Government Services Maternity Scheme will

apply to all school employees other than teachers.

d) Commencement of maternity leave 10.8 The earliest date a woman is able to start her maternity leave will continue to be the

beginning of the 11th week before her baby is due. Maternity leave can commence on any day of the week.

e) The sickness/maternity leave ‘trigger’

10.9 A woman’s maternity leave will start automatically if she is absent from work for a

pregnancy related illness during the four weeks before the start of her EWC, regardless of when she has said she actually wants her maternity leave to start.

f) Acknowledging requests for maternity leave

10.10 Employers must write to the employee within 28 days of receiving the notice from the employee, and inform the employee of their expected date of return should they take their full entitlement.

g) Notification of return to work

10.11 If requested, employees must notify the school in writing at least 7 days before the day on which they propose to return if this is before the end of the 26 weeks ordinary maternity leave. Where the notice given is less than 7 days the school may postpone the employee’s return to ensure 7 days’ notice, but not beyond the end of the maternity leave period.

10.12 If requested, employees must notify the school in writing at least 21 days before the day on

which they propose to return if this is before the end of the additional maternity leave period. Where the notice given is less than 21 days the school may postpone the employees return to ensure 21 days’ notice, but not beyond the end of the additional maternity leave period.

11. Maternity pay (support staff)

11.1 An employee must have 26 weeks continuous service with the employer at the 15th week

before the EWC and must be in employment during the qualifying week. In addition, earnings must be above the lower limit for the payment of National Insurance contributions. Employees who meet the criteria will be entitled to receive 39 weeks Statutory Maternity Pay (SMP), as follows:


33 weeks at standard rate SMP

whilst the remaining 13 weeks of maternity leave are unpaid. 11.2 If an employee is not entitled to SMP in accordance with the above they must be given a

form SMP1 so that they can claim Maternity Allowance from the Benefits Agency. 11.3 Employees with at least 1 year of continuous service at the 11th week before the EWC will

be entitled to the following:

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12 weeks at half pay, plus SMP, reduced by the extent to which the combined half-pay and SMP may exceed full pay

21 weeks Statutory Maternity Pay (SMP)

whilst the remaining 13 weeks of maternity leave are unpaid. 11.4 Where an employee has declared in writing that she intends to return to work she will

receive half pay without deduction except to the extent that the half pay, plus SMP (or MA and any dependent’s allowances if the employee is not eligible for SMP) exceeds full pay. This is paid on the understanding that a woman will return to the school’s employment for at least 3 months.

11.5 In the event of the employee not returning to our employment the employee will be required

to refund the 12 weeks half pay. If the employee is uncertain about their future intentions, they may wish to delay their decision on receiving payment of their Occupational Maternity Pay until a later date.

12. Paternity leave - birth & adoption (teachers)

12.1 There is currently no occupational entitlement to paternity leave, either with or without pay,

set out in the Conditions of Service for Teachers in England and Wales (the Burgundy Book). It is not therefore intended to introduce any new clause into conditions of service for teachers, but the minimum statutory provisions apply to teachers.

12.2 However, up to 3 days paid Special Leave, normally around the time of the birth, may be

granted by the governors. In such cases the school may request appropriate proof of the relationship and the expected week of confinement, or a written declaration that he or she is in an enduring relationship with the mother, will be responsible for the upbringing of the child and will be taking time off to support the mother of the child or care for the child. As this is a locally agreed term and condition, there is no qualifying period of service, as with the Statutory Paternity Leave described below.

13. Ordinary paternity leave - birth and adoption (teachers & support staff)

13.1 To qualify the employee will have worked continuously for 26 weeks ending with the 15th

week before the baby is due, or the end of the week in which the child's adopter is notified of being matched with the child. Paternity leave is available to employees who:

have (or expect to have) responsibility for the child’s upbringing

are the biological father of the child or the mother’s husband or partner and

have worked continuously for their employer for 26 weeks ending with the 15th week before the baby is due or the end of the week in which the child’s adopter is notified of being matched with the child.

14. Ordinary paternity pay (teachers)

14.1 Those who are eligible can choose to take either one week or two consecutive weeks' paid

paternity leave (not odd days) at the current rate of SMP.

15. Ordinary paternity pay (support staff)

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15.1 Those who are eligible can choose to take either one week or two consecutive weeks’ paid paternity leave. Paternity pay for employees on NJC terms and conditions is:

one week’s pay at normal rate

one week’s pay at SSP or 90% of average earnings, whichever is the less. 15.2 Employees who do not qualify for SSP can apply for paternity benefits by completing form

SPP1.

16. Shared Parental Leave†

NB Please note Shared Parental Leave (introduced 1 December 2014 and applicable to births due on or after 5 April 2015) should not be confused with parental leave which is dealt with in Section 7. † With regard to shared parental leave, all clauses marked † in this and subsequent sections are not operative until 5 April 2015 (although application may be made in advance). Prior to this date reference should be made to section 16 of the previous version of this policy (suffix 1213) with regard to an individual employee’s entitlement to additional paternity leave and additional statutory paternity pay (APL and ASPP) – these are the allowances which will be replaced by Shared Parental Leave as of 5 April 2015.

16.1† The legislation related to Shared Parental Leave (SPL) includes: The Shared Parental Leave Regulations 2014; The Shared Parental Pay (General) Regulations 2014; The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014; Employment Rights Act 1996; Child and Families Act 2014; Equality Act 2010.

16.2† Shared Parental Leave (SPL) enables eligible parents to choose how to share the care of

their child during the first year of birth or adoption. There may also be an entitlement to some Shared Parental Pay (ShPP).

16.3† Eligibility for SLP is as follows: SPL can only be used by two people, both of whom must

share the main responsibility for the care of the child at the time of birth/adoption – these persons must be:

1. the mother/adopter and

2. one of the following:

a. the father of the child (in the case of birth) or

b. the spouse, civil partner or partner of the child's mother/adopter. 16.4† Additionally an employee seeking to take SPL must satisfy each of the following criteria:

the mother/adopter of the child must be/have been entitled to statutory maternity/adoption leave or if not entitled to statutory maternity/adoption leave they must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption entitlements

the employee must still be working for the organisation at the start of each period of SPL

the employee must pass the ‘continuity test’ requiring them to have a minimum of 26 weeks' service at the end of the 15th week before the child’s expected due date/matching date

the employee’s partner must meet the ‘employment and earnings test’ requiring them, in the 66 weeks leading up to the child’s expected due date/matching date, to have worked for at least 26 weeks and earned an average of at least £30* a week in any 13 of those weeks.

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*this figure is correct as of 2015 but may change annually

the employee must correctly notify the organisation of their entitlement and provide evidence as required.

16.5† Eligible employees are entitled to take up to 50 weeks SPL during the child’s first year in

their family, based on the mother’s/adopter’s entitlement to maternity/adoption leave of up to 52 weeks.

16.6† If the mother/adopter is not entitled to maternity/adoption leave but is entitled to Statutory

Maternity Pay (SMP), Statutory Adoption Pay (SAP) or Maternity Allowance (MA), they must reduce their entitlement to less than the 39 weeks maximum entitlement. If they do this, their partner may be entitled to up to 50 weeks of SPL. This is calculated by deducting from 52 the number of weeks of SMP, SAP or MA taken by the mother/adopter.

16.7† SPL can commence as follows:

The mother can take SPL after she has taken the legally required two weeks of maternity leave immediately following the birth of the child

The adopter can take SPL after taking at least two weeks of adoption leave

The father/partner/spouse can take SPL immediately following the birth/placement of the child, but may first choose to exhaust any paternity leave entitlements (as the father/partner cannot take paternity leave or pay once they have taken any SPL or ShPP).

16.8† SPL will generally commence on the employee's chosen start date specified in their leave

booking notice, or in any subsequent variation notice (see ‘Booking Shared Parental Leave’ and ‘Variations to arranged Shared Parental Leave’ below).

16.9† SPL must end no later than one year after the birth/placement of the child. Any SPL not

taken by the first birthday or first anniversary of placement for adoption is lost.

17. Notification and evidence for Shared Parental Leave†

17.1† An eligible employee who intends taking SPL must give their line manager notification (in writing) of at least eight weeks before they can take any period of SPL. The written notification must include all of the following:

their full name

the name of the other parent

the start and end dates of any maternity/adoption leave or pay, or maternity allowance, taken in respect of the child and the total amount of SPL available

the date on which the child is expected to be born or, in the case of an adopted child, the date on which the employee was notified of having been matched with the child and the date of placement for adoption

the amount of SPL the employee and their partner each intend to take

a non-binding indication of when the employee expects to take the leave. 17.2† The employee must provide the organisation with a signed declaration stating:

that they meet, or will meet, the eligibility conditions and are entitled to take SPL

that the information they have given is accurate

if they are not the mother/adopter they must confirm that they are either the father of the child or the spouse, civil partner or partner of the mother/adopter

that should they cease to be eligible they will immediately inform the organisation.

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17.3† The employee must provide the organisation with a signed declaration from their partner

confirming:

their name, address and national insurance number (or a declaration that they do not have a national insurance number)

that they are the mother/adopter of the child or they are the father of the child or are the spouse, civil partner or partner of the mother/adopter

that they satisfy the ‘employment and earnings test’ (see ‘eligibility’ above), and had at the date of the child’s birth or placement for adoption the main responsibility for the child, along with the employee

that they consent to the amount of SPL that the employee intends to take

that they consent to the organisation processing the information contained in the declaration form

and (in the case where the partner is the mother/adopter)

that they will immediately inform their partner should they cease to satisfy the eligibility conditions.

17.4† Should further evidence of eligibility be required the school may, within 14 days of the SPL

entitlement notification being given, request the following information (which the employee must provide within 14 days):

the name and business address of the partner’s employer (where the employee’s partner is no longer employed or is self employed their contact details must be given instead)

in the case of biological parents, a copy of the child's birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth).

in the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which they were was notified of having been matched with the child and the date on which the agency expects to place the child for adoption.

17.5† If any of the information provided is found to be fraudulent, the employee will be subject to

the school’s disciplinary procedures. 17.6† In consideration of good practice, an employee considering taking SPL is encouraged to

speak to their line manager/HR Advisor as early as possible to arrange an informal discussion to talk about their plans. Any meeting should be held in private and be confidential. At the meeting the employee may, if they wish, be accompanied by a workplace colleague, trade union representative.

17.7† Where a request for discontinuous leave has been submitted, this discussion may also

focus on how the leave proposal could be agreed, whether a modified arrangement would be agreeable to the employee and the school, and what the outcome may be if no agreement is reached.

18. Booking Shared Parental Leave†

18.1† In addition to notifying the employer of entitlement to SPL/ShPP, an employee must also

give notice to take the leave. In many cases, notice to take leave will be given at the same time as the notice of entitlement to SPL.

18.2† The employee has the right to submit three notifications specifying leave periods they are

intending to take. Each notification may contain either (a) a single period of weeks of leave; or (b) two or more weeks of discontinuous leave, where the employee intends to return to work between periods of leave.

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18.3† SPL can only be taken in complete weeks but may begin on any day of the week. 18.4† Continuous leave notifications - a notification can be for a period of continuous leave, which

means a notification of a number of weeks taken in a single unbroken period of leave. 18.5† An employee has the right to take a continuous block of leave notified in a single

notification, so long as it does not exceed the total number of weeks of SPL available to them (specified in the notice of entitlement).

18.6† Discontinuous leave notifications - a single notification may also contain a request for two

or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where the employee returns to work (for example, an arrangement where an employee will take six weeks of SPL and work every other week for a period of three months).

18.7† The school will consider a discontinuous leave notification but has the right to refuse it. If

the leave pattern is refused, the employee can either withdraw it within 15 days of giving it, or can take the leave in a single continuous block.

19. Responding to a Shared Parental Leave notification†

19.1† Once the manager/school receives the leave booking notice, it will be dealt with as soon as

possible, but a written response should be provided no later than 14 (calendar) days after the leave request was received.

19.2† Each request for discontinuous leave will be considered on a case-by-case basis, taking

into account employee benefits and adverse impact on the school. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL.

19.3† The employee will be informed in writing of the decision as soon as is reasonably

practicable, but no later than 14 days after the leave notification was made. The request may be granted in full or in part: for example, the organisation may propose a modified version of the request.

19.4† If a discontinuous leave pattern is refused then the employee may withdraw the request

without detriment on or before the 15th day after the notification was given; or may take the total number of weeks in the notice in a single continuous block.

19.5† If the employee chooses to take the leave in a single continuous block, the employee has

until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than eight weeks from the date the original notification was submitted. If the employee does not choose a start date then the leave will begin on the first leave date requested in the original notification.

20. Variations to arranged Shared Parental Leave†

20.1† The employee is permitted to vary or cancel an agreed and booked period of SPL, provided

that they advise the organisation in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request.

20.2† Any variation or cancellation notification made by the employee, including notice to return to

work early, will usually count as a new notification reducing the employee’s right to book/vary leave by one. However, a change as a result of a child being born early, or as a

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result of the organisation requesting it be changed, and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the organisation.

21. Statutory Shared Parental Pay (ShPP)†

21.1† Eligible employees may be entitled to take up to 37 weeks ShPP while taking SPL. The

amount of weeks available will depend on the amount by which the mother/adopter reduces their maternity/adoption pay period or maternity allowance period. ShPP may be payable during some or all of SPL, depending on the length and timing of the leave.

21.2† In addition to meeting the eligibility requirements for SPL, an employee seeking to claim

ShPP must further satisfy each of the following criteria:

the mother/adopter must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have reduced their maternity/adoption pay period or maternity allowance period;

the employee must intend to care for the child during the week in which ShPP is payable;

the employee must have an average weekly earnings for the period of eight weeks leading up to and including the 15th week before the child’s expected due date/matching date are not less than the lower earnings limit in force for national insurance contributions;

the employee must remain in continuous employment until the first week of ShPP has begun;

the employee must give proper notification in accordance with the rules set out below.

21.3† Where an employee is entitled to receive ShPP they must, at least eight weeks before

receiving any ShPP, give their line manager written notice advising of their entitlement to ShPP. To avoid duplication, if possible, this should be included as part of the notice of entitlement to take SPL.

21.4† In addition to what must be included in the notice of entitlement to take SPL, any notice that

advises of an entitlement for ShPP must include:

the start and end dates of any maternity/adoption pay or maternity allowance;

the total amount of ShPP available, the amount of ShPP the employee and their partner each intend to claim, and a non-binding indication of when the employee expects to claim ShPP;

a signed declaration from the employee confirming that the information they have given is correct, that they meet, or will meet, the criteria for ShPP and that they will immediately inform the organisation should they cease to be eligible.

21.5† It must be accompanied by a signed declaration from the employee’s partner confirming:

their agreement to the employee claiming ShPP and for the organisation to process any ShPP payments to the employee;

(in the case whether the partner is the mother/ adopter) that they have reduced their maternity/adoption pay or maternity allowance;

(in the case whether the partner is the mother/ adopter) that they will immediately inform their partner should they cease to satisfy the eligibility conditions.

21.6† Any ShPP due will be paid at a rate set by the Government for the relevant tax year.

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21.7† SPL is granted in addition to an employee's normal annual holiday entitlement. Employees are reminded that holiday should wherever possible be taken in the year that it is earned. Where an SPL period overlaps two leave years the employee should consider how their annual leave entitlement can be used to ensure that it is not untaken at the end of the employee’s holiday year.

22. Shared Parental Leave in Touch days (SPLIT)†

22.1† An employee can agree to work for the school (or attend training) for up to 20 days during

SPL without bringing their period of SPL to an end or impacting on their right to claim ShPP for that week. Any work carried out on a day or part of a day shall constitute a day's work for these purposes.

22.2† The school is under no obligation to offer the employee any work during the employee’s

SPL and work undertaken is a matter for agreement between the school and the employee. 22.3† An employee taking a SPLIT day will receive full pay for any day worked. If a SPLIT day

occurs during a week when the employee is receiving ShPP, this will be effectively ‘topped up’ so that the individual receives full pay for the day in question. Any SPLIT days worked do not extend the period of SPL.

22.4† An employee, with the agreement of the organisation, may use SPLIT days to work part of

a week during SPL. The school may agree that the employee can use SPLIT days to effect a gradual return to work by the employee towards the end of a long period of SPL or to trial a possible flexible working pattern.

23. Returning to work after Shared Parental Leave†

23.1† The employee is expected to return on the next working day following the end of their SPL

period, unless they notify the school otherwise. If they are unable to attend work due to sickness or injury, the organisation's normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence.

23.2† If the employee wishes to return to work earlier than the expected return date, they may

provide a written notice to vary the leave and must give their line manager/school at least eight weeks’ notice of their date of early return. This will count as one of the employee’s notifications. If they have already used their three notifications to book and/or vary leave then the school need not accept the notice to return early but may do if it is considered to be reasonably practicable to do so.

23.3† On returning to work after SPL, the employee is entitled to return to the same job if the

employee’s aggregate total statutory maternity/paternity/adoption leave and SPL amounts to 26 weeks or less.

23.4† If their maternity/paternity/adoption leave and SPL amounts in aggregate to more than 26

weeks, the employee is entitled to return to the same job they held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is both suitable and appropriate and on terms and conditions no less favourable.

23.5† If the employee also takes a period of unpaid parental leave of 4 weeks or less this will

have no effect on the employee’s right to return and the employee will still be entitled to return to the same job as they occupied before taking the last period of leave as long as the aggregate weeks of maternity/paternity/adoption and SPL do not exceed 26 weeks.

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23.6† If the employee also takes a period of unpaid parental leave of 5 (or more) weeks, even if the total aggregate weeks of maternity/paternity/adoption and SPL do not exceed 26 weeks, the employee will be entitled to return to the same job as they occupied before taking the last period of leave or, if this is not reasonably practicable, to another job which is both suitable and appropriate and on terms and conditions no less favourable.

24. Adoption leave and pay (teachers and support staff)†

† With regard to adoption leave and pay, clauses marked † are not fully operative until 5 April 2015. Prior to this date reference should be made to the relevant clauses (contained within sections 19 and 20) of the previous version of this policy (suffix 1213) with regard to an individual employee’s entitlement to adoption leave and pay.

24.1† Employees who become parents by adoption are entitled to identical treatment to

employees who become parents by birth. 24.2† No defined length of service is required before an employee becomes eligible for adoption

leave. Entitlement to adoption pay is determined by equivalent length of service (with regards to both teachers and support staff) to that applicable to maternity pay.

24.3† Eligible employees who adopt will be able to opt in to Shared Parental Leave on the same

terms as birth parents. 24.4† Where a couple plan to adopt a child, the main adopter (to be nominated by the couple

themselves) is able to take paid time off for up to 5 adoption appointments. The secondary adopter is able to take unpaid time off for up to 2 adoption appointments.

24.5 Employees must give their employer documentary proof to show that they have the right to

adoption leave and (where applicable) pay. This is usually a matching certificate from the adoption agency. The adoption agency must be recognised in the UK.

25. Other policies and procedures

25.1 This policy will be supported by the following policies and procedures:

Grievance Policy

Disciplinary Policy

This Policy follows an annual review cycle unless a change in legislation or guidance necessitates a shorter review period. It was updated by EducateHR (1214) for approval by the Full Governing Body on 25 March 2015.

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Appendix 1: Leave entitlements for all school based staff

Note: All requests for leave are to be submitted to (and approved as appropriate by) the headteacher or nominated manager prior to the leave being taken.

The term ’close relative’ should normally include spouse, partner, parent, sibling or child

Type of request

Support Staff Teachers

Unpaid Leave of Absence

Individuals should make use of periods of school closure, their annual leave entitlements (where applicable) and flexible working hours provision as appropriate, before making such requests for unpaid leave of absence

Where there is contractual flexibility individuals should make use of applicable paid leave entitlements, periods of school closure and flexible working hours provision as appropriate before making such requests for unpaid leave of absence

Bereavement Maximum 3 days paid leave except in exceptional circumstances where individual cases will be treated on merit

Applicable to parents, spouse/partner, sibling or children or any other persons deemed appropriate by the headteacher/manager

Maximum 3 days paid leave except in exceptional circumstances where individual cases will be treated on merit

Applicable to parents, spouse/partner, sibling or children or any other persons deemed appropriate by the headteacher/manager

Funerals One day paid leave Applicable to: Husband/Wife/Partner Son/Daughter Parents Parents-in-law Brothers/Sisters Grandparents Funerals other than above may be approved with or without pay at the discretion of headteacher/manager

One day paid leave Applicable to: Husband/Wife/Partner Son/Daughter Parents Parents-in-law Brothers/Sisters Grandparents Funerals other than above may be approved with or without pay at the discretion of headteacher/manager

Weddings

Wedding of an immediate member of family, i.e. child, brother, sister, parent – as may be approved by headteacher/manager, with salary

Wedding other than above – one day, without salary

Wedding of an immediate member of family, i.e. child, brother, sister, parent – as may be approved by headteacher/manager, with salary

Wedding other than above – one day, without salary.

Degree Graduation Ceremonies

Graduation ceremony of self or any immediate family member receiving degree/award/prize

– one day, with salary

Graduation ceremony of self or any immediate family member receiving degree/award/prize

– one day, with salary

Speech Day Attendance

Parent of the child receiving the prize

– half day, with salary.

Parent of the child receiving the prize

– half day, with salary

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Attendance/ Observance of Religious Festivals

Requests for time off for religious observance should be considered sympathetically and accommodated wherever possible, although extended absences (in excess of two weeks) will need to be balanced with the operational needs of the school

Individuals should make use of their Annual Leave provision and any flexible working provision (where appropriate) before making requests for unpaid leave of absence

Requests for time off for religious observance should be considered sympathetically and accommodated wherever possible, although extended absences (in excess of two weeks) will need to be balanced with the operational needs of the school

Individuals should make use of any flexible working provision (where appropriate) before making requests for unpaid leave of absence

Donors Paid leave, if can be accommodated Paid leave, if can be accommodated

Employment Interviews

For Local Government interviews

– time off with pay

Interview for another teaching post

– time off with pay

Attendance at approved courses

As may be approved by the headteacher/manager, with salary.

As may be approved by the headteacher/manager, with salary.

Approved Examinations

For each half day of approved examination

– half day paid leave

Other than approved – unpaid leave

Sitting for an approved examination – not more than 5 days – only to be exceeded in exceptional circumstances as approved by the headteacher – unpaid leave

For each half day of approved examination

– half day paid leave

Other than approved – unpaid leave

Sitting for an approved examination – not more than 5 days – only to be exceeded in exceptional circumstances as approved by the headteacher – unpaid leave

Attendance at Examiners’ Meetings

N/A Attendance at meetings of examination board – as may be essential with the approval of the headteacher/manager – with salary

Statutory Tribunals

Paid leave of absence if attending in official capacity School to deduct any allowance received

Paid leave of absence if attending in official capacity

School to deduct any allowance received.

Trade Union Courses/

Seminars/ Conferences

Please refer to Local Authority Facilities agreement, as appropriate.

Please refer to Facilities for Teacher Union Representatives arrangements

National Educational Conferences

Conferences on educational matters, as may be permitted, with salary

Conferences on educational matters, as may be permitted, with salary

Member of Governing Body

Attendance at a meeting of a Governing Body, as necessary, with salary

Attendance at a meeting of a Governing Body, as necessary, with salary

Candidates for Municipal Elections (All

Prospective candidate at Parish, District or County elections – polling days, with salary

Prospective candidate at Parish, District or County elections – polling days, with

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Member of Health Authority

Attendance at a meeting as a member of a statutory body, eg Regional or Area Health Authority, as necessary, with salary

Attendance at a meeting as a member of a statutory body, eg Regional or Area Health Authority, as necessary, with salary

Duties of Justice of the Peace

Paid leave of absence

School may deduct any allowance received.

Paid leave of absence

School may deduct any allowance received

Jury Service With pay

Employee to claim any Juror’s Allowance: such amount received to be deducted from pay

With pay

Employee to claim any Juror’s Allowance: such amount received to be deducted from pay

Service in HM Non Regular Forces

Attendance at annual camp as volunteer member of Territorial Army or Officer of a Cadet Force

Up to two weeks with discretion in special cases, with salary

Officers required to undertake training additional to summer camp who are unable to arrange for such training on days when they would not normally be working – paid leave of absence (maximum of 16 days per annum) recommended by National Agreement

Attendance at annual camp as volunteer member of Territorial Army or Officer of a Cadet Force

Up to two weeks with discretion in special cases, with salary

Officers required to undertake training additional to summer camp who are unable to arrange for such training on days when they would not normally be working – paid leave of absence (maximum of 16 days per annum) recommended by National Agreement

Employees) Prospective Parliamentary candidate - three weeks (including the day following the election), without salary

salary

Prospective Parliamentary candidate - three weeks (including the day following the election), without salary

Civic Duties If Mayor(ess)/Consort or Deputy Mayor(ess)/Consort are employees – with salary

If Mayor(ess)/Consort or Deputy Mayor(ess)/Consort are employees – with salary

Election Duties Staff, who assist at elections as Presiding Officers, Poll Clerks and Counting Clerks, within the administrative area of this Authority.

Leave of absence (with pay) from their normal duties

Staff who assist (where contractual obligations allow) at elections as Presiding Officers, Poll Clerks and Counting Clerks, within the administrative area of this Authority.

Leave of absence (with pay) from their normal duties

Elected Member of Local Authority

Paid leave for up to 28 days per year, subject to individual assessment at the discretion of the headteacher/governing body

Paid leave for up to 28 days per year, subject to individual assessment at the discretion of the headteacher/governing body

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Holiday with partner

This provision is intended primarily for support staff with partners in HM Forces and to meet cases where the employee’s spouse is compelled to take his or her main annual holiday during term time

This provision is intended primarily for teachers with partners in HM Forces and to meet cases where the teacher’s spouse is compelled to take his or her main annual holiday during term time

Special Constables

Paid leave of absence Paid leave of absence

Retained Fire Fighters

Paid leave of absence Paid leave of absence

House Removal 1 day with pay (term time staff only) 1 day with pay

Mountain Fell Rescue and Cave Rescue and Community First Responders

Paid leave with headteacher discretion Paid leave with headteacher discretion

Maternity/ Paternity/ Adoption/ Shared Parental Leave

Please refer to relevant section of Leave of Absence Policy

Please refer to relevant section of Leave of Absence Policy

Special Leave Discretion of the headteacher, with or without pay

Urgent private or family business – as may be approved by the Headteacher, with or without pay

Discretion of the headteacher, with or without pay

Urgent private or family business – as may be approved by the Headteacher, with or without pay

Governance Duties (with pay)

1 day annually – information gathering in school

6 days participation in working parties/committees

3 days maximum – recruitment

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Appendix 2

Request for Leave of Absence (time off in term time)

Part A - for completion by employee

School:

Name:

Job Title:

Type of Time Off Requested: Parental Leave

Compassionate Leave

Time off for Dependents

Reserve Forces

IVF

Medical Screening

Blood donation

Religious observance

Witness Duty

Jury Service

Union duties

Public duties

Other (please detail)

Dates of requested time off: From (DD/MM/YY)

To (DD/MM/YY)

Actual number of working days absent: days

Times of absence:

(if part-day leave)

From (HH:MM) To (HH:MM)

Reason for request:

(please give full details of circumstances applicable)

Signature: Date:

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Request for Leave of Absence (time off in term time)

Part B - for completion by Headteacher (or line manager where applicable)

School:

Name:

Job Title:

Dates of requested time off:

From

To

Actual number of working days absent: days

Times of absence: (if part-day leave)

From

To

Time off APPROVED With Pay

Without Pay (Headteacher to inform payroll) Time off NOT APPROVED SIGNED: (Headteacher or line manager) DATE: Date result conveyed to employee:

Completed form (both part A and part B) to be held by School NB If leave is to be unpaid, copy part B only to payroll

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Appendix 3: Flexible working requests flowchart

Employer receives an application for flexible working

Employer and employee meet to discuss the application

The employer writes to notify the employee of his decision

The employee needs to decide if they wish to appeal against the employer’s decision. If so they must appeal in writing, setting out the grounds for their appeal

Employer receives the employee’s written appeal

Employer and employee meet to discuss the appeal The employer writes notifying the employee of his decision

In specific circumstances, the employee can take their case to employment tribunal or binding arbitration

Note: Although there is no longer a requirement to deal with flexible working requests within a strict timetable there is a requirement to handle such requests in a ‘reasonable manner’. This is interpreted as including (as well as completing the process within a maximum of 3 months) the following elements:

• assessing the advantages and disadvantages of the application • holding a meeting to discuss the request with the employee • offering and completing an appeal process.

request is

REJECTED

appeal is REJECTED

request is ACCEPTED

appeal is

ACCEPTED

Both the employee and the employer must consider what arrangements may need to be put in place when

the working pattern is changed

Both the employee and the employer must consider what arrangements may need to be put in place when

the working pattern is changed

Appendix 4: Flexible Working Request Form

Note to the employee You can use this form to make an application to work flexibly under the right provided in law (Employment Rights Act 1996). You should note that under the right it may take up to 3 months before consideration of the request need be completed (and this timescale can be extended by agreement). You should therefore ensure that you submit your application to the appropriate person well in advance of the date you wish the request to take effect. It will help your employer to consider your request if you provide as much information as you can about your desired working pattern. It is important that you complete all the questions as otherwise your application may not be considered valid. When completing sections 3 and 4, think about what effect your change in working pattern will have both on the work that you do and on your colleagues. Once you have completed the form, you should immediately forward it to your line manager (you might want to keep a copy for your own records) who will then (within a reasonable period of time) arrange a meeting with you to discuss your request. If the request is granted, this will be a permanent change to your terms and conditions (unless otherwise agreed).

1. Personal Details

Name: Post: Line Manager:

To the employer

I would like to apply to work a flexible working pattern that is different to my current working pattern.

I confirm I meet both of the following eligibility criteria:

I have worked continuously as an employee of the company for the last 26 weeks.

I have not made a request to work flexibly under this right during the past 12 months.

Date of any previous request to work flexibly under this right:

2a. Describe your current working pattern (days/hours/times worked): 2b. Describe the working pattern you would like to work in future: (days/hours/times worked)

2c. I would like this working pattern to commence from (insert date):

3. Impact of the new working pattern - I anticipate this change in my working pattern will affect my employer and colleagues as follows:

4. Accommodating the new working pattern - I think any related impact on my

employer and colleagues can be dealt with as follows:

Employee Signature: ………………………………………. Date: …………………………

This form should now be passed to your employer

Note to employer:

You should meet with the employee (within 10 working days of receiving their request) to discuss their application to work flexibly

Employer’s Confirmation of Receipt (to be completed and returned to employee) Date Dear I confirm that I received your request to change your work pattern on (insert date) I have arranged a meeting on (insert date) at (insert time) to discuss the content of your request. If you wish you may be accompanied by a colleague or your trade union representative. Yours sincerely Name (Manager): Name (Employee): Job Title: Job Title:

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Appendix 5: Flexible working application acceptance form

Note to the employer

You should write to your employee (within 10 working days of your meeting) to advise him or her of your decision. If you cannot accommodate the requested working pattern you may still wish to explore alternatives to find a working pattern suitable to you both. Please note that Appendix 6: Flexible working application rejection form should be used if the employee’s working pattern cannot be changed and no other suitable alternatives can be found.

Date Dear Following receipt of your application and our meeting on (date) I have considered your request for a new flexible working pattern and: I am pleased to confirm that I am able to accommodate your application. OR I am unable to accommodate your original request. However, I am able to offer the

alternative pattern which we have discussed and which you agreed would be suitable to you. Your new working pattern will be as follows: Your new working pattern will begin from (date) The change in your working pattern will normally be a permanent change to your terms and conditions of employment and you have no right in law to revert to your previous working pattern, unless otherwise agreed and documented in writing. Yours sincerely Name (Manager): Name (Employee): Job Title: Job Title:

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Appendix 6: Flexible working application rejection form


You should write to your employee with your decision within 10 working days following the meeting. This letter can be completed by you when declining an application. However, you must ensure that full consideration has been given to the application. You must state the business ground(s) as to why you are unable to agree to a new working pattern and the reasons why the ground(s) applies in the circumstances.

Date Dear Following receipt of your application and our meeting on: (date) I have considered your request for a new flexible working pattern. I am sorry but I am unable to accommodate your request for the following business ground(s): The grounds apply in the circumstances because: (You should explain why any other work patterns you may have discussed at the meeting are also inappropriate. Please continue on a blank sheet if necessary).

If you are unhappy with this decision you have the right to appeal against it, and you must write to me setting out your grounds for appeal within 14 days after receiving written notice of the decision

Yours sincerely Name (Manager): Name (Employee): Job Title: Job Title:

To the employer

If you reject your employee’s request for flexible working, your employee has the right to appeal

against your decision.

If your employee appeals against your decision to refuse a request for flexible working, you should

arrange a meeting with your employee to discuss the appeal within 10 working days of receiving

the appeal letter – the appeal must be heard by an individual (more senior than the original

decision maker) who has had no involvement in the previous decision (to reject the employee’s

request).

After the meeting has been held you should write to your employee within 10 working days to notify

him or her of the outcome of the appeal.

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Appendix 7: Flexible working employee appeal template letter

You can use this letter to tell your employer you wish to appeal against your employer’s decision about your application to work flexibly.

Date Dear I am appealing against your decision to decline my application for flexible working on the following grounds: Please continue on a blank sheet if necessary Yours sincerely Name: [your name]

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Appendix 8: Flexible working appeal reply


You must reply to an appeal that an application to work flexibly has not been properly considered.

You should give notice of your decision within 10 working days of the meeting at which the appeal

was discussed. If the individual hearing the appeal decides to turn down the appeal, the grounds

for refusal must be stated.

Headed paper Date Dear Following the appeal hearing with (independent manager) on XX, the initial decision to refuse your application to work a flexible working pattern has now been reconsidered.

(Complete either A or B)

A. Your appeal against the decision has been accepted.

I am therefore able to accommodate your original request to change your working pattern as follows:

Your new working arrangements will begin from: (date)

Please note that the change in your working pattern will be a permanent change to your terms and conditions of employment and you have no right in law to revert back to your previous working pattern.

B. Your appeal against the original decision has been unsuccessful. You now have no right to appeal further, or to submit another flexible working application until 12 months has elapsed since the original application was submitted. Yours sincerely Name (Manager): Name (Employee): Job Title: Job Title:

Vv

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Appendix 9: Flexible working extension of time limit form


This letter is provided for you to complete when confirming with your employee that you have

agreed to extend the time limit for the procedure from that set out in the regulations. The time

limit of three months for the overall process may only be extended providing your employee

agrees to this.

Date Dear

I wish to extend the amount of time that the regulations allow me to complete the process of

consideration with regard to your flexible working application:

I wish to extend the time limit to days. This means that I will have until: (date) to

complete the necessary action. I need the extra time for the following reason:

If you agree to this extension, please complete the slip below and return it Yours sincerely Name (Manager): Name (Employee): Job Title: Job Title:

-------------------------------------------------------------------------------------------------------------------------------- Note to the employee

To allow proper consideration of your request, your employer may wish to extend the permitted

time limit for the process. Your employer will need your agreement to any extension of the time

limit. If you agree to the above request, please complete the agreement slip below and return it

to your employer.

Employee’s Agreement to Time Extension (to be completed and returned to employer)

Dear I accept your request to extend the amount of time to: (date).

Yours sincerely Name (Employee): Job Title:

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Appendix 10: Notice of withdrawal of application form for flexible working

Note to the employee

This form provides notification to your employer that you wish to withdraw your application to work flexibly. Once you have withdrawn your application, you will not be able to make another application until 12 months from the date your original application was made.

Date Dear

I wish to withdraw my application to work flexibly which I submitted to you on: (date). I understand that I will not be able to make another application until twelve months after the above date.

Yours sincerely

Name (Employee):

Job Title:


Once your employee has completed this letter and returned it to you, the application is considered as withdrawn and you are not required to give it any further consideration. You should send the letter below to confirm your receipt of the withdrawal notice.

Employer’s Confirmation of Withdrawal (to be completed and returned to employee)

Date: Dear: I confirm that I have received notice that you wish to withdraw your application for flexible

working which you submitted to me on: (date). Under the right to apply, you will not be eligible to submit another application until twelve

months after the above date. Yours sincerely Name (Manager): Name (Employee): Job Title: Job Title:

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