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POLICY AND GUIDANCE ANNUAL LEAVE FOR POLICE OFFICERS Procedure Reference Number: 2011.24
Approved: Author: Produced: Review due: Review approved: (For reviewed procedures only)
Name Susan Smith 16 June 2011 12 months from .date of publication. Name
Date HR Business Partner
Date
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Procedure Index ELECTRONIC NAVIGATION: - move
the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1.
Procedure Aim/Purpose/Scope ................................................................................. 3
2.
Guidance ..................................................................................................................... 3 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
Annual Leave Entitlement Applications for Leave National Holidays (Bank Holidays) Leave for Sporting Events Parental Leave Maternity/Adoption Support Leave Time Off For Dependents Carers Leave Leave for IVF Treatment Leave for Training Annual Leave and Sickness Leave for Medical Appointments Unauthorised Leave Leave for Jury/Court Service Time off for Interview Unpaid Leave Armed Forces Reserves and Volunteer Reserves Leave Time off for Religious Observance Leave for Gender Reassignment Leave for Attendance at Police Treatment Centres Time off in Lieu (TOIL)
3 4 5 5 5 6 7 8 8 8 8 9 9 9 10 10 10 10 10 11 11
3.
Responsibilities ........................................................................................................ 12
4.
Appeals ...................................................................................................................... 12
5.
Compliance ............................................................................................................... 12
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1 Procedure Aim/Purpose/Scope 1.1 Annual leave entitlements (expressed in 8 hour days) for the police federated ranks are provided in Regulation 33, Annex O. The purpose of these arrangements is to ensure, as far as possible that police officers receive their entitlement whilst, at the same time, resilience within the Constabulary is maintained. 1.2 To outline Cheshire Constabulary’s approach to the administration and granting of annual leave entitlements for police officers. Click Here to Return to Index
2 Guidance 2.1 Annual Leave Entitlement Superintendents and Chief Superintendents are entitled to 31 days annual leave per annum. 2.1.1 Officers above the rank of Chief Superintendent are entitled to 42 days annual leave per annum, increasing to 48 days per annum for those with ten or more year’s service at ACPO rank. 2.1.2 The annual leave entitlement for Officers below the rank of Superintendent for Federated Ranks are detailed below:Length of Service Less than 2 years’ relevant service 2 or more years’ relevant service 5 or more years’ relevant service 10 or more years’ relevant service 15 or more years’ relevant service 20 or more years’ relevant service
Leave Entitlement 22 25 25 27 28 30
2.1.3 Annual Leave is calculated pro-rata to the number of hours contracted per week. 2.1.4 All annual leave must be approved by the Line Manager & the Duty Planning Team prior to execution. 2.1.5 Police Officers may take leave in periods of full and half days/shifts. 2.1.6 Police Officers may take a maximum of 6 periods of part days/shifts in any leave year.
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Not Protectively Marked 2.1.7 New entrants who start employment part way through the year are entitled to a leave proportionate to the number of completed months of service for the year. 2.1.8 Police Officers should make every effort to use their annual leave allocation within the designated leave year, however up to 5 days annual leave may be carried forward into a new leave year. 2.2
Applications for Leave
2.2.1 The annual leave year commences 1st April and ends on 31st March the following year. 2.2.2 Requests for all leave must be made within a reasonable time period (ideally one full shift cycle) to allow for planning of organisational and departmental requirements. (minimum of twice the length of the intended leave period, ideally one full shift cycle) 2.2.3 All leave requests must be made on the appropriate electronic Form 17 (Copy at Appendix 2) and approved by the Line Manager/ Duty Management prior to execution. 2.2.4 Line Managers/Duty Planners must maintain accurate records of all leave requested and executed. 2.2.5 Police Officers are advised not to book holidays prior to authorisation of their annual leave in order to avoid disappointment if leave cannot be granted. Cheshire Constabulary will not reimburse any individual should annual leave not be approved. 2.2.6 During peak holiday periods/business periods annual leave may be restricted to a period of 21 days (including rest days) in order that operational and organisational planning can be appropriately managed. 2.2.7 Line Managers/Duty Planners may on occasions decline annual leave applications where operational and organisational impact is significant. 2.2.8 Line Managers/Duty Planners will confirm in writing in good time and discuss where possible reasons for annual leave refusal with the member of staff. Line Managers/Duty Planners will attempt to agree an acceptable alternative. 2.2.9 Where an Officer transfers from one departmental business area to another and have had annual leave authorised, the annual leave will be honoured. 2.2.10 Where an Officer has applied for a departmental move and know that the leave will be executed from the new department there will be an expectation on the individual that the request be submitted to the new Line Manager/Duty Planner for authorisation.
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Not Protectively Marked 2.2.11 Line Managers/Duty Planners when considering an application for annual leave will take into consideration the number of staff available to continue with operational business as usual. (BCU / Area Abstraction Guidance may apply) 2.2.12 Where an Officer leaves employment during the leave year, they will be entitled to leave proportionate to the number of completed month’s service during the year. Officers terminating their service should be encouraged and facilitated to take any leave due before they depart. 2.2.13 Annual Leave will be accrued during sickness absence. 2.3
National Holidays ( Bank Holidays)
2.3.1
All Police Officers are entitled to paid leave for 8 recognised General/National Holidays, otherwise referred to as Bank Holidays. Part-time staff will have a pro-rata entitlement to National Holidays.
2.3.2 From November 2012, under regulation 22 of the Police Regulations 2003 (Annex E – Duty), those Officers at the rank of Constable or Sergeant may, subject to approval by the Resource Management Unit, elect to substitute one or all of the declared public holidays and take them at another time. When considering proposing a substitute Bank Holiday officers should be mindful to avoid periods of high demands such as Christmas Eve, New Year's Eve and events such as Cream Fields. Where the substitution has not been approved or an Officer has chosen not to substitute the public holidays, then they will still be required to work the public holidays. 2.3.3 Where an Officer below the rank of Inspector is required to work on a Bank Holiday as part of their rostered week they will be recompensed as follows:• •
More than 8 day's notice – paid double time for the shift Less than 8 days notice – paid double time plus a day off in lieu of the Bank Holiday. This day should be notified within 4 days of the notification of the requirement to work, and the lieu day will be treated as a Bank Holiday should there be a subsequent requirement to work on that day.
2.3.4 Officers of Inspector rank and above do not receive additional pay but will have the day reallocated. 2.3.5 Where a Bank Holiday falls on a Rest Day the Rest Day will be reallocated. 2.3.6 Police Officers who work when on annual leave should refer to Appendix 1 2.4
Leave for Sporting Events
2.4.1 Leave for Police Sport UK Competitive events must be approved by the Line Manager and agreed by the Duty Planning Team prior to execution.
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Not Protectively Marked 2.4.2 Leave will be granted on a 50/50 basis to Police Officers representing the Constabulary at recognised Police Sport UK competitive events with the appropriate authorisation. 2.4.3 No other paid leave will be granted for any other sporting event other than Police Sport UK. 2.5
Parental Leave
2.5.1 Police Officers, including same sex or civil partners who satisfy the eligibility criteria are entitled to be absent from work on unpaid parental leave for the purpose of caring for a child for a statutory entitlement period of up to 18 weeks for each child born up to the child’s 5th birthday (or until the child’s 18th birthday if your child is disabled). 2.5.2 Officers must have at least 1 year continuous service with the Constabulary, be the parent and :• • •
named on the child’s birth certificate named on the child’s adoption certificate with legal parental responsibility for a child under 5 (under 18 if the child is disabled)
2.5.3 The Constabulary will allow any parental leave not taken before the child’s 5th birthday to be taken prior to the child’s 12th birthday with the appropriate notification and approval. 2.5.4 In the case of an adopted child the statutory entitlement is for 18 weeks unpaid leave from the date of placement (not adoption order), until the fifth anniversary of their placement with you or until their 18th birthday, whichever comes first. 2.5.5 If you are separated and do not live with your children, you have the right to parental leave if you maintain formal parental responsibility for the children. 2.5.6 All requests for parental leave must be made in writing to the Line Manager/Duty Planner at least 28 days prior to the start date of the parental leave, stating the start and end date. Where an individual is eligible for Parental Leave with more than one child and wishes to take leave back to back, one weeks notice for each week of leave should be given in writing. E.g. 6 weeks notice for 6 weeks of leave. Evidence to support each request will be required to support eligibility. E.g. birth certificate, disability living allowance, adoption papers etc. 2.5.7 Police Officers must take Parental Leave in blocks or multiples of one week, should leave not be taken in a one week block it will be deducted as one week’s parental leave. 2.5.8 Officers are entitled to a maximum of 4 weeks Parental Leave for each child in any one financial year beginning on the date when the staff member becomes eligible.
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Not Protectively Marked 2.5.9 Parents of a disabled child, who are in receipt of disability living allowance on behalf of the child, may take Parental Leave in blocks or multiples of single days. 2.5.10 Parental Leave can be added to the end of Maternity Support and Maternity Leave. 2.5.11 Leave taken as Parental is unpaid but will be reckonable for incremental pay and leave purposes and will count as continuous service. Officers are entitled to buy back for pension purposes reckonable service in response for any period of parental leave. 2.5.12 Parental leave is an individual right and leave cannot be transferred between parents. 2.6
Maternity/Adoption Support Leave (incorporates previous provisions for Paternity Leave)
2.6.1 An Officer who has 26 weeks’ continuous service by either the 15th week before their partner’s (including same sex partners) baby is due, is entitled to 10 days paid leave (2 weeks) at or around the time of the birth. This will consist of 5 days full pay and 5 days Statutory Paternity Pay (equivalent to lower rate Statutory Maternity Pay). 2.6.2 Reasonable notice must be given to the manager/Duty Planning Team of the need for leave and will be subject to the exigencies of service. 2.6.3 Leave if agreed can start at any time following the child’s birth (Maternity Support Leave) or placement (Adoption Support Leave), but must be completed within 56 days of the birth or placement. 2.6.4 If a child is born early, Maternity Support Leave must be completed within the period from the actual date of birth up to 56 days after the first day of the week in which the birth was expected. 2.6.5 The first week of maternity support leave will be on full pay and statutory paternity pay rate for the second week. 2.7
Compassionate leave / Time Off For Dependents
2.7.1 The Constabulary has a duty of care towards all its members and is therefore committed to providing support to all Police staff where possible. 2.7.2 To assist Police Staff during difficult times such as dealing with the death or acute illness of a family member or close relative, or emergency circumstances the Constabulary offers up to a maximum equivalent of six days paid leave per leave year (pro-rata for part time staff) either as Time off for Dependents, Compassionate leave, or a combination of both. Further details on each of these can be found below. 2.7.3 Time off for dependants – all Police Staff are eligible to apply for Time Off for Dependents which provides them with reasonable time away from normal duty in http://intranet/CCDocumentCentre/Policies and Procedures/Annual Leave Procedure and Guidance - Police Officers.doc
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Not Protectively Marked order to provide short-term assistance to a dependent in emergency circumstances. A dependant includes a spouse, civil or same sex partner, child, parent or someone who lives in the same house as the member, otherwise than by reason of being his / her employee, tenant or lodger who reasonably relies on the member to make arrangements for the provision of care. Please note, domestic situations that do not involve a dependant e.g. broken down car, heating broken, bad weather (except in cases resulting in school closures) etc are not included and alternative forms of leave should be taken. 2.7.4 Compassionate leave – all Police Staff may be given a reasonable amount of time away from normal duty as Compassionate Leave following a bereavement of a family member, an acute illness or injury involving a loved one. 2.7.5 To apply for either or a combination of the above Police Staff should discuss the circumstances and duration for the requested leave with their line manager in the first instance. The line manager, where possible, will authorise the time off (initially as annual leave) however all final decisions on whether this will be considered as compassionate or time off for dependents leave will be made after the event by the relevant Inspector or Police Staff equivalent for that area/department. 2.7.6 Where the equivalent of six days leave is insufficient, alternative forms of leave such as unpaid leave, annual leave or parental leave may be awarded. The individuals should discuss this with their line manager in the first instance however all final decisions will be made by the relevant Inspector or Police Staff equivalent for that area/department. This should be recorded appropriately. 2.7.7 To ensure consistency and fairness, all line managers, Inspectors (or Police Staff equivalent) and the Resource Management Team should monitor the provision of Time off for Dependants and Compassionate Leave and raise any concerns with the relevant HR contact. 2.8
Carers Leave
2.8.1 The Constabulary recognises that some Officers have long term caring responsibilities and that their needs may exceed the provision outlined above. Some of their needs for time away from work will not be deemed as emergency (e.g. planned medical appointments ) Therefore Managers may wish to consider and discuss other provisions:• • • • •
Parental Leave ( as detailed previous page) Flexible Working Compressed Hours Job-Share Annual Leave
2.8.2 The Constabulary and Managers will consider and attempt to meet individual requests wherever possible, however staff must accept that in all cases the operational needs of the business must be considered. 2.9
Leave for IVF Treatment
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Not Protectively Marked 2.9.1 The Constabulary aims to fully support Officers (including civil and same sex partners) undergoing/involved in this treatment therefore a total of 5 days paid leave (40 hours) in any leave year may be requested for the purpose of receiving and recovering from fertility treatment. (pro-rata for part-time staff) 2.9.2 The Constabulary respects individual confidentiality therefore all requests for IVF Leave must be discussed with the Line Manager in advance of application who will notify the appropriate HR Advisor for the business area, in order to maintain the appropriate records. 2.10
Leave for Training
2.10.1 Police Officers completing study, funded through the Constabulary Study Scheme Procedure should follow guidance regarding study and exam time within the procedure and formalise the agreement with the Line Manager. 2.10.2 Police Officers wishing to undertake study or training for personal development not commissioned, funded or within the scope of a signed agreement in the Constabulary Study Scheme should apply for annual leave for this purpose via the Line Manager. 2.11
Annual Leave and Sickness
2.11.1 Annual leave will be accrued during periods of sickness absence regardless of how long the sickness absence lasts. 2.11.2 Police Officers are entitled to take statutory leave whilst off sick and should notify their Line Manager as soon as reasonably possible that they wish to take annual leave. Records will be updated accordingly. 2.11.3 Police Officers who fall sick prior to or during periods of annual leave must notify their Manager as soon as reasonably possible in line with sickness reporting procedures in order that any claim to convert annual leave to sick leave can be considered accordingly. (Refer to Managing Sickness Absence Policy) 2.12
Leave for Medical Appointments
2.12.1 Police Officers are expected to arrange doctors, dentist, and optician appointments within their own time, using annual leave, time off in lieu etc. This arrangement will also include appointments funded by the Force under the Fast Track Funding Scheme. 2.12.2 Police Officers expected to attend a hospital, specialist or emergency doctor/dentist appointment during normal working hours will be given reasonable time to attend the appointment. 2.12.3 Police Officers expected to attend an Occupational Health appointment will be given time to attend the appointment. If an appointment is scheduled for a time http://intranet/CCDocumentCentre/Policies and Procedures/Annual Leave Procedure and Guidance - Police Officers.doc
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Not Protectively Marked when the Officer is not in work due to sickness absence they will be expected to attend in their own time. No recompense will be given for the time. 2.12.4 Police Officers expected to attend an Occupational Health appointment when on rest day will be required to attend and will be recompensed for the time in hours. There is no entitlement to additional pay. 2.13
Unauthorised Leave
2.13.1 Police Officers are expected to access appropriate leave arrangements in advance of absence, exceptionally when this does not happen the occurrence should be managed and recorded as potential unauthorised absence. 2.13.2 Managers/Duty Planning Team must notify the relevant HR Advisor as soon as practicably possible verbally or by email in order to support the Manager and/or determine if the absence is unauthorised. 2.13.3 Where absence is found to be unauthorised, the Unsatisfactory Performance & Attendance procedure will be accessed and referred to in the first instance. 2.14
Leave for Jury/Court Service
2.14.1 Officers will be granted paid time off when summoned for Jury Service. 2.14.2 Upon receipt of the summons, the Officer should inform their Line Manager/Duty Planning Team in order to facilitate the leave and discuss the implications for their work over the period. Managers cannot prevent a member of Staff/Officer from attending Jury Service. 2.15
Time off for Interview
2.15.1 Line Managers/Duty Planning will facilitate paid time-off (leave) for an Officer to attend for interview within the Cheshire Constabulary or another police organisation. 2.16
Unpaid Leave
2.16.1 Area Commanders/Heads of Department may grant up to 6 months unpaid leave in any leave year. Applications should be made in writing giving reasonable notice (minimum of twice the length of the intended leave period) in order to consider the request in relation to operational and business continuity plans. 2.17
Armed Forces Reserves and Volunteer Reserves - Leave
2.17.1 Officers who have completed their probationary period may apply for paid Special leave reckonable for pay and pension purposes of up to 10 days in any one leave year. The leave will require a 50% contribution from the individual’s own time. 2.18
Time off for Religious Observance
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Not Protectively Marked 2.18.1 Line Managers will consider requests for religious observance leave bearing in mind the Working Time Directives and the exigencies of the service. 2.18.2 Time off for religious observance can and should be planned in advance in accordance with the Constabulary’s flexible working options, using options of shorter meal breaks or earlier / later start times. 2.18.3 Officers will give reasonable notice to Line Managers where time off for religious observance is required. 2. 20 Leave for Gender Reassignment 2.20.1 Gender Reassignment treatment and surgery will vary greatly between individuals therefore Managers will show flexibility and support during this time. 2.20.2 Officers should discuss appointment times in advance with their Line Manager as time off to attend doctors or medical appointments which last for part of a working day will be paid and the dates and times recorded accordingly. 2.20.3 Time away from work for surgery and recovery will be recorded as sickness absence. 2.21
Leave for Attendance at Police Treatment Centres
2.21.1 A period of 2 weeks paid leave may be granted for the purposes of attending Police Treatment Centres, e.g. Harrogate for Officers in work and will be subject to the needs of the business, Line Management approval and a successful application to attend. (Refer to Managing Sickness Absence Policy) 2.21.2 For Officers absent from duty due to sickness the leave period will be recorded as sickness absence and pay will be in accordance with their current pay status, reflecting their entitlement to sick pay. 2.22
Time Off in Lieu ( TOIL)
2.22.1 Officers may choose to take time off in lieu of any time worked on a rest day or public holiday. 2.22.2 The amount of time off will vary in accordance with the allowance payable ( e.g. if the allowance is double time, the time off is double) 2.22.3 Time Off in Lieu over 3 months old will not automatically become liable for payment. 2.22.4 An Officer is required to contact their Supervision/Duty Planning Team at least two weeks in advance of the TOIL becoming 3 months old, in order that arrangements can be made for leave to be executed accordingly. 2.22.5 In exceptional circumstances the Area Commander may sanction TOIL for payment where time has been banked in excess of 3 months. Click Here to Return to Index http://intranet/CCDocumentCentre/Policies and Procedures/Annual Leave Procedure and Guidance - Police Officers.doc
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3 Responsibilities 3.1 Officers, through this procedure should ensure that they adhere to the force standards of professional behaviour and comply with the methods set out in this procedure with the methods of application and recording as appropriate. 3.2 Line Managers/Duty Planning Managers should ensure they are able to advise Officers appropriately and deal with leave requests fairly and appropriately in accordance with this procedure. 3.3 Heads of Department/Duty Planners should ensure that the leave procedure is fairly applied in their department /area and resolve appeals as appropriate. 3.4 Director of Human Resources will ensure that the Constabulary leave procedure is monitored and updated in accordance with legal or contractual changes. In addition the Director will make final appeal decisions in appropriate circumstances. Click Here to Return to Index
4 Appeals 4.1 Due to the variety of types of leave covered within this procedure any appeal against decisions taken should be lodged in writing to the person making the decision within 10 days of notification of the decision. 4.2 The correspondence should clearly state the reason for the appeal and include any further relevant information necessary for the decision making process. 4.3 If no resolution is reached the appeal should be referred to the next management level for review and decision. This will be the final appeal and the decision will stand. Click Here to Return to Index
5 Compliance I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance. In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values.
I do/do not agree that this document is appropriate for disclosure to the public. Signed: ……………………………..
Date: …………………………….(author)
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Equality and Diversity Impact Assessment part 1 Does the procedure involve any of the following? (tick as appropriate) Potential X Impact If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually. High - Exercise of statutory powers? - Dealing with or providing services to the public? - Recruitment & selection, transfer or redundancy processes? - Training opportunities or career development schemes? X - Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc) - Any other high risks not detailed? If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years. Medium - Dealing with the public, but not involving the exercise of statutory powers? - Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc) - Any other medium risks not detailed? If any of the boxes below are ticked the impact is low and the Equality and Diversity Impact Assessment must be reviewed every 3 years. - Administration processes? Low - Any other low risks?
Equality and Diversity Impact Assessment part 2 Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Gender, Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below: 1. Does this activity present an Explicit references to protected characteristics opportunity for improving equality ( Gender, Pregnancy, Maternity, Religion or outcomes for any of the protected belief) characteristics? If so, how? 2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns?
N/A
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Not Protectively Marked 3. What other sources of information Employment Legislation and Procedural have been used in the development of Documentation and Police Regulations. this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use Work and Families Act, Employment Rights of a statutory power? If so, under what Act, Equality Act 2010 circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence. If reviewing the procedure what are the results of the monitoring?
Data on leave is collected and maintained on Duty Management System within Scales Records, NSPIS and Personal Leave Cards.
6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality?
NA
7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points)
The procedure was circulated internally to the established list of contacts and presented formally at the Staff and Leadership Board for ratification.
Monitoring information presented to Police Authority Staff Committee.
8. Has the procedure been altered Yes as per staff and leadership feedback and following the consultation? consultation with Federation and Unison. (Include a summary of the key changes) 9. Has feedback been given to the Yes to the established list of contacts, Unison groups involved in the consultation? and Federation. Date Impact Assessment completed:
8.11.11
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