HOURS AND LEAVE
Standard Working Week - this will be 37 hours though it may vary from standard over a pre-determined reference period (as per flexi time arrangements). For Schools based staff working term time only, salaries are determined by calculating annual hours to ensure that equal pay for equivalent hours is achieved..
A scheme of flexible working hours applies to employees except where shift working, the direct supervision of employees who need to work set hours, or other features of the post make its application impractical. The main principles of the scheme are set out at Appendix M.
Details of the Council's Job Sharing Scheme are given at See Appendix D.
4.3 SHORT DAY WORKING
Employees wishing to work a shorter day e.g., between 10.00 a.m. and 2.30 p.m. should approach their manager who will respond on the basis of the needs of the service.
This arrangement may also be combined with job-share, part-time working and home-working, subject again to the needs of the service.
4.4 TERM-TIME WORKING
Term-time working allows employees to remain on permanent contracts as either full or part-time employees, but gives them the ability to take unpaid leave during school holidays.
The main conditions of the scheme are given at Appendix P.
4.5 RETAINER AND RE-ENTRY SCHEME
These schemes are designed to assist employees who leave work for domestic reasons, e.g. to care for a child, or an elderly relative, to seek re- employment once circumstances permit a return to work.
Full details are given at Appendix Q.
Certain posts have been identified as suitable for the home-working scheme. The main elements of the scheme are given at Appendix K.
Employees' leave entitlements are as follows:-
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Staff with less than 5 years service
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21 days¹
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24 days²
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- See Para 4.10
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Staff who have completed 5 years service³
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26 days¹
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29 days²
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- See Para 4.10
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¹Refers to normal annual leave entitlement.
²Including 3 floating Extra Statutory Days.
³Refers to continuous local government service as defined at , except for employees transferred from Leicestershire County Council on 1 April 1997, who's previous continuous service with other public bodies may also be taken into consideration for the purpose of calculating annual leave entitlement.
The protection arrangement for staff in post on 31st March, 1981 who were receiving or had a future entitlement to more than the above are as follows:-
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Annual Leave Entitlement
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scp 28 - 39
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30 *
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scp 40 or above
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31 *
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* These entitlements include 3 extra-statutory days (see 4.10).
Former County employees who transferred on STO conditions on 1 April 1997 who received more annual leave will also have any leave above 26 days protected.
Part-time employees and job-sharers have a pro-rata entitlement to annual leave.
Proportionate Annual Leave
When commencing or leaving the Council's employment part way through a leave year an employee shall be entitled to a proportionate amount of leave according to the leave year that remains/elapsed up to the date of commencement/leaving. There is an exception to this for ill health retirement/dismissal (see section 4.11).
Except where local agreements provide for different arrangements the calendar leave year will be as follows:
Former Manual Employee: The leave year will commence on the 1st April and end on 31st March following, except where local agreement provide otherwise.
Former APT&C Employee: The leave year will commence on the 1st January and end on 31st December following.
4.9 CARRY-OVER OF ANNUAL LEAVE
Up to five days' annual leave (pro-rata for part-time and job share employees) may be carried over from one year to the next. All other applications for carry-over in excess of 5 days must be notified in advance to the Head of Service who may approve the carry-over of more than five days up to a maximum of 10 days (pro-rata) in special cases.
The only exception to the 10 day maximum carry over rule would be where an employee requires the additional leave to take extended leave abroad. No more than 15 days (pro-rata) carry over may be granted in any circumstances.
In addition to the eight Bank Holiday days four extra-statutory holidays are granted each year, three of which are "floating" and added to annual leave entitlements. The fourth day will be taken over the Christmas period at a date to be agreed each year by the Employees Consultative Forum.
The granting of the extra-statutory day is subject to the exigencies of the service but, for any employee who is required to work on this day, the terms of paragraph 2 of Part 3 of the National Conditions of Service will apply except where local agreements apply.
Where Christmas, Boxing Day and New Year's Day falls on a Saturday or a Sunday, the following Monday will be treated as the Bank Holiday except for those workers who are required to work on these days.
Part-time employees and job-sharers have a pro-rata entitlement to bank holidays and extra-statutory leave.
General
There is no entitlement to payment for annual leave not taken except where an employee is leaving the Council and the manager authorises that the employee is unable to take outstanding leave because of service requirements.
Ill Health Retirement/Dismissal
Where an employee does not return to work for ill-health reasons the employee shall be allowed payment in lieu of:-
(i) holiday outstanding from the previous leave year which the employee had been unable to take due to sickness absence, up to a maximum of 10 days; and
(ii) where an employee has been on continuous sickness absence since the beginning of the current leave year, he/she will be entitled to the proportionate untaken contractual holiday up to the last day of paid sickness absence, calculated in accordance with the sickness pay scheme (section 10 of the Green Book). There is no entitlement to payment in lieu of holiday beyond the paid period of sickness absence.
(iii) in addition to (i) and (ii), where an employee has commenced sickness absence part way through the current leave year, he/she will be entitled to the proportionate amount of untaken statutory leave (in accordance with the Working Time Regulations) for any unpaid period of sickness absence, up to the last day of employment.
(iv) where the Council has extended the period of paid sickness absence to which an employee is entitled, no proportionate untaken contractual holiday will be due in respect of the extended period.
See Section 15.5.
Each year an employee from a religious minority group may select a day or two half-days during the course of the year, at the time of their religious festivals which will be recognised by the Council as extra-statutory leave. They will do so by using the extra-statutory day otherwise taken at Christmas which will be replaced by annual leave out of the employee's allowance. Such employees will then be expected to take their selected day or half-days off but should they be required to work the appropriate enhanced rates and time off in lieu will apply. An employee who has selected a day (or half days) off but subsequently declines to take them at the time will automatically revert to the general leave arrangements. Employees are requested to inform their Supervisors two months in advance of the relevant festival.
Details of employees' rights to maternity leave and pay are given at Appendix E1.
4.15 ADOPTION PROVISIONS
Details of employees' rights to adoption leave and pay are given at Appendix Q1.
4.16 FOSTERING TRAINING LEAVE
Foster Carers may take up to 3 days paid time off per year to undertake fostering training. This also applies to those who are undertaking foster carer training as part of preparation to become foster carers.
Individuals should request and agree the actual dates with their manager. This provision for paid time off cannot be used for any other purpose. Individuals must also inform their manager immediately if they cease to be foster carers.
This arrangement will also apply to a partner living in an established relationship with the mother of the child e.g. in the absence of such a partner.
An employee shall be entitled to ten days leave with pay (as for holiday pay) in connection with the birth of the child. The leave must be taken within six weeks of the birth of the child except in exceptional circumstances. Only one such leave period will be granted in any period of nine months.
To qualify for this leave employees must give advance notification in writing at least three months before the expected date of the birth together with a copy of the certificate which shows the expected week of childbirth. Employees with less than three months service must give as much advance notice as practicable.
This agreement shall also apply to employees who are adopting a child, subject to the conditions outlined at 4.15.
Part-time employees and job-sharers have a pro-rata entitlement to leave under this provision.
In special cases Directors have discretion to approve up to 10 days maternity support leave to nominated carers nominated by the mother to assist in the care of the child and to provide support for the mother at or around the time of the birth.
See also Maternity Leave & Pay at Appendix E1.
4.18 DISABILITY LEAVE AND IMPAIRMENT RELATED SICK LEAVE
Disability Leave
Employees unable to attend work because of a reason connected with their disability but unrelated to sickness may apply to their manager for disability leave up to a maximum of 10 days per year.
Wherever possible arrangements will be made for the employee to work from home as an alternative to disability leave.
Impairment Related Sick Leave
The definition of impairment is as follows:
Lacking part or all of a limb, or having a defective limb, organ or mechanism of the body.
Employees who are sick for reasons connected with their disability may request that this is treated as Impairment Related Sick Leave. However whilst this sick leave will be monitored separately from general sick leave it will be incorporated into the overall sickness procedure. As with disability leave above this leave will not be an entitlement.
Directors may grant at their discretion unpaid leave of any duration to employees where no cost occurs for the Council i.e. the employee elects not to make pension contributions beyond the statutory minimum and there are no recruitment costs for a replacement.
Where some or all of these costs occur, Directors may grant at their discretion a period of unpaid leave of up to one year. Unpaid leave, where such costs occur, for a period exceeding one year, must have the approval of the appropriate Committee.
No deductions of pay will be made for weekends and bank holidays which fall within a period of absence of two weeks or less. Annual Leave will not accrue during periods of unpaid leave greater than one week except for the statutory maternity pay period.
An employee who is required to attend Court as a Jury Member or Witness shall claim the allowance for loss of earnings from the Court. The City Council shall then deduct from the employee's pay the amount equal to the allowance received.
See page Appendix G. (paragraph 5).
Leave will not be granted for more than two attempts at any examination.
4.22 TIME-OFF AND FACILITIES FOR REPRESENTATIVES OF TRADE UNIONS
General
The Council supports the principle of Trade Union recognition and accredits the unions who are parties to the relevant National Agreements, as follows:
(a) UNISON
(b) General and Municipal Workers' Union
(c) Transport and General Workers' Union
(d) Electrical, Electronic Telecommunications and Plumbing Trade Union
(e) Union of Construction, Allied Trades and Technicians
(f) General and Municipal Boiler Makers and Allied Trades' Union
Time Off – Trade Unions
Time off and facilities are granted to the accredited representatives of trades union in order to assist them in requesting the interest of the members, the nature and extent of allowances is determined by the numbers of employees in a particular union.
The allowances for the individual unions are set out as follows:
Craft Unions (AEEU & UCATT). See Appendix N1
GMB & ATU See Appendix N2 & N3
T&GWU – See Appendix N3
UNISON – See Appendix N4
The Council supports the half time appointment of a Secretary to the Joint Trades Union Side in order to facilitate good working relationships. The specific duties of the role are:
Trade Union side secretary to Authority Wide Consultative Committee (AWCC) and Employee's Consultative Forum (ECF).
Organisation of Joint Working Parties
Position of contact for management
Distribution of information and views between the trades unions side and management.
See also the Lifelong Learning Agreement regarding time off for Union Learning representatives.
Check-Off
The Council has made arrangements with the Trades Unions concerned that it will deduct Trade Union subscriptions from pay where authorised by the employee. An administrative charge is made to the individual Trade Union for this service.
Office Holders
Subject to the requirements of the City Council, employees serving on a Committee or Council of a professional body may be granted paid leave to attend meetings.
Generally
Directors will have discretion to grant paid leave where it is considered that some benefit would accrue to the Council from the attendance of employees at open meetings of professional or similar bodies.
Subject to the requirements of the City Council, an employee will be granted special leave with pay as necessary in order to undertake duties consequent upon his or her membership of, or attendance at:-
(a) a Local Authority Council;
(b) meetings concerned with national or provincial council affairs;
(c) certain committees when specifically nominated;
(d) a regional or area health authority;
(e) the managing or governing body of an educational establishment maintained by a local authority (subject to constraints on the number of bodies concerned);
(f) tribunals or similar bodies;
(g) or as a Justice of the Peace;
(h) or Youth Offending Panels.
The leave granted will in approved circumstances be up to 10 days per year*, or 208 hours per year* when serving as a Justice of the Peace, subject to the needs of the service.
* Equivalent Pro-rata for part-time employees and job-sharers. Also see 4.28 below. Where the employee attends in Council time and receives a fee this shall be paid over to the Council.
Employees serving in the Reserve Forces will be entitled to up to two weeks leave* (average earnings) less any payments received from the Army (excluding out of pocket expenses) to attend their annual training camp. Any further requests considered will be for unpaid leave. Also see 4.28 below.
Directors may grant up to 7 days per year* (equal to one half of the minimum requirement) paid leave of absence per year at times to be agreed, to undertake special constabulary duties. The total number of days that may be granted to any individual employees will be dependent on the needs of the service.
* Equivalent Pro-rata for part-time employees and job-sharers. Also see 4.28 below. Where the employee attends in Council time and receives a fee this shall be paid over to the Council.
4.27 SPECIAL LEAVE FOR SPORTING COMPETITIONS
Directors may grant a total of up to 5 days per year* paid leave of absence at times to be agreed, to employees who are selected to represent the City, County or Country in sporting competition, on an amateur basis, where such competitions take place on days on which the employees would normally be working.
* Equivalent Pro-rata for part-time employees and job-sharers. Also see 4.28 below.
No more than 10 days, or 208 hours for Justices of the Peace, paid leave per year in total (pro-rata for part-time employees and job-sharers) may be granted to an employee for all requests under Sections 4.24 to 4.27 above.
Part-time and job-share employees will have an equivalent pro-rata entitlement to leave under these provisions.
Employees will be allowed time off with pay only if they are attending for interviews within the Local Government Service. The Civil Service, Nationalised Industries, New Towns and Development Corporations, Statutory Boards and the Health Service are classified as outside the Local Government Service and employees attending for interview with these bodies will not normally be entitled to time off with pay.
The above condition does not apply to staff in a redundancy situation who may apply for reasonable time off for job hunting with any employer.
There will be no automatic release for duties which are dealt with on an ad hoc basis.
Where The Credit Union approaches the Director for release the request should be considered favourably provided this is possible within the service concerned.
4.31 TIME OFF FOR GIVING BLOOD AND PLASMA
Employees wishing to donate blood or plasma will be allowed to do so in work time. Prior permission for absence should be obtained in the usual way as for medical visits.
In extreme weather conditions the Council may announce that inclement weather allowances may be paid to employees who report for work but are unable to work their full contractual hours.
In these circumstances managers will have discretion to credit employees with up to two hours (i.e. up to one hour at both the start and finish of the working day) providing their total hours for the day, including time credited, does not exceed their normal working hours. Managers will take into consideration both employees' individual circumstances and the needs of the service.
Employees who do not report for work because of the effects of the weather will not be paid unless they book annual leave. Employees may also make up the lost time, subject to agreement with their managers.
It is recognised that some employees who, because of the nature of their disability, may face difficulties in getting to work in times of adverse weather conditions. Additional time off may be granted to disabled employees who face particular difficulties on inclement weather days - see para 4.18 Disability Leave.
The above scheme does not apply to Trading Units where different provisions may be in place.
Employees who are sent home because of office/depot/school closure will be granted leave with pay.
Employees taking a case to an Employment Tribunal, once internal procedures have been exhausted (i.e. after it has been through the Appeals process and a decision has been made) will be allowed paid time off to attend the Tribunal, as will representatives and witnesses.
Paid time off will not be allowed where an employee takes a case to an Employment Tribunal without first exhausting the internal procedure.
Subject to the needs of the service one day's paid leave will be granted, to support such elections, to staff who are appointed to work at them with the prior agreement of their manager.
To enhance its involvement in the community, the Council has a scheme whereby its employees can have paid leave for one day a year to support charitable work in the community and develop their skills. This work must directly assist the community, have relevance to the work of the Council and be consistent with its priorities.
Those wishing to participate must be able to show that there is a benefit to those they are assisting and that the work helps develop them in their own jobs.
Approval should be obtained from Line Managers, and is subject to the overriding needs of the Council. Also, no cost should fall on the Council which means that employees who will have to be directly replaced cannot be released under the scheme.
Employees wishing to be involved in the scheme should discuss their plans, in good time, with their manager. Queries about the scheme should be raised with Human Resources.
The detailed provisions of the Scheme are as follows:
Employees will be allowed up to one day’s leave per year to participate in voluntary work within the community. The leave will be authorised by Line Managers subject to:
(a) The overriding needs of the service.
(b) Adequate notice.
(c) The employee is supporting a charitable activity that will directly assist the community and is relevant to the work of the Council and is consistent with its priorities.
(d) There is evidence from the beneficiaries of the value of the volunteering support and that the employee will derive developmental benefit from undertaking the role.
(e) There are no additional costs falling on the Council.
(f) The employee signing an undertaking acknowledging:
(i) that the Council bears no responsibility for them or their actions whilst on this special leave.
(j) that they accept the responsibility as being seen as an employee of the Council and that they should conduct themselves in accordance with the Employee Code.
Flexible Working Regulations have been introduced from 6 April 2003 to help parents balance their work and child-care responsibilities. Appendix P1.
4.37 TIME OFF TO TRAIN
Employees have a statutory right to request time off for training provided they have at least 26 weeks service and have not made a request for time off for training within the last 12 months.
4.38 PARENTAL LEAVE
Parental Leave is an entitlement to a maximum of 13 weeks unpaid leave during the first five years of the child's life. ( For adoptive parents this will be 13 weeks unpaid leave up to the fifth anniversary of the date of placement or the child's 18th birthday if that is sooner). A maximum of 4 weeks can be taken in any one year, for each child under 5 years of age. The entitlement is pro-rata for part-time employees. This leave is to be used to care for a child.
Employees will need to have at least one year's continuous service with the Council, another Authority or have recognised service with another organisation.
Parental leave can be taken immediately following a period of maternity leave provided that notification time limits are met during the maternity leave period.
The required notice specify the dates the leave period will start and end and gives the Council at least 21 days notice at the start.
If both parents are working for the Council, they will each be entitled to 13 weeks parental leave for each child. This will be non-transferable i.e. one parent cannot have 11 weeks and transfer 2 weeks to the other parent. The reason for this is to encourage fathers/partners to have the full right to 13 weeks.
Parental leave is for each child; so for example if twins are born each parent will be entitled to 13 weeks leave for each child.
Parental leave needs to be taken in minimum blocks of one week i.e. if you or your partner takes two days leave from one week, this will be classed as a whole week. The only exception to this is that parents of children registered as disabled can take leave in blocks or multiple days of one.
Parents of children who are registered disabled and are receiving Disability Living Allowance have an enhanced benefit. They can take up to 18 weeks' parental leave up to the child's 18th birthday.
Those wishing to use their entitlement to parental leave will be required to provide evidence to their Human Resources Section in the form of a birth certificate or papers confirming adoption placement and in the case of a disabled child, the award for Disability Living Allowance.
For further information about parental leave contact the HR Admin Team.
4.39 BUYING ADDITIONAL ANNUAL LEAVE
The council recognises that some employees may wish to take more than their standard amount of annual leave and so this policy allows employees to 'purchase’ additional annual leave, subject to certain conditions.
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Updated: 10 January 2013 MW/OOT
Updated: 30 November 2012 SHR/OOT
Para 4.1 & 4.7 amended - effective date 1 March 2011 - Single Status (SYS)
Para 4.39 added 5 October 2010 PAWS/SYS
Updated: 5 May 2010 PAWS/SY
Updated: 17 December 2009 PAWS/SY
Updated: 14 December 2009 PAWS/SY
Updated: 30 October 2008
