Leave and time off policy

Policy overview

We recognise the needs of employees to have time off from work. We encourage employees to take appropriate rest from work. We will comply with our legal requirements in respect of statutory time off. We will consider all other requests for paid or unpaid leave in line with our policies.

We will develop and maintain working arrangements that enable employees to achieve a work-life balance. This includes ensuring that all our policies recognise:

key life stages
life events
caring responsibilities

Employees are encouraged to use a personal support passport (PSP) to help them discuss and share information about personal circumstances which may impact them at work. This could be:

medical conditions
caring responsibilities
religious observance requirements
additional working equipment

We recognise the importance of annual leave and other time off in helping employees to achieve this. This policy aims to provide a standard and equitable approach to the management and calculation of leave and time off entitlements for employees.

This policy aligns to the flexible working policy. It helps us to promote a culture that supports flexible working where possible. Employees can request flexible working according to their needs and aspirations in their personal and working lives.

Annual leave

The leave year normally runs from 1 April to 31 March but may vary to suit service needs. Annual leave entitlement varies dependant by grade, and length of service. The local scheme of conditions of service and the national conditions of service give further information.

In addition to annual leave, employees are entitled to eight public and Bank Holidays per year. The UK Government provides these.

Entitlement

For annual leave entitlements see the local scheme of conditions of service.

Notes

we ensure fair and consistent treatment for all as per the statutory requirement
all eight bank holidays are added to annual leave
pro-rata calculations will apply for part-time employees
starters and leavers are entitled to annual leave proportionate to the amount of service completed during the leave year
we award five days additional leave at five years of continuous service. This is effective on a pro-rata basis from the date the employee achieves five years' service

For more details, read our annual leave and pro-rata Bank Holiday guidance.

All employees have a statutory entitlement to a minimum of 28 days (207.2 hours) leave. This includes annual leave entitlement and public and Bank Holidays. The amount is is pro-rata for part-time employees. This complies with Regulation 13 of the Working Time Regulations 1998 (WTR) and UK statute. We will automatically implement any changes to public and Bank Holidays, as advised by the Government.

All employees are entitled to Bank Holidays. Employees who work part-time will have a pro-rata leave entitlement. This will be proportionate to the number of hours they are contracted to work.

If a Bank Holiday falls on a Saturday or Sunday, the leave day will be the day designated as a Bank Holiday. For example, if 26 December is a Saturday, then Monday 28 December will be the Bank Holiday.

Employees who work on days designated as Bank Holidays may be entitled to enhanced payments for time worked. Please refer to the local scheme of conditions of service.

Annual leave entitlement can be complicated for:

part-time employees, particularly where the work pattern includes different numbers of hours worked on different days
full-time employees working, for example, compressed hours.

Business World calculates overall leave entitlements based on an individual's contractual hours. Managers will support employees to clarify their specific entitlement.

We may designate up to two days' (14.8 hours) annual leave in any leave year. Employees must take this annual leave from their allocated allowance. This is where we consider it is economically beneficial to do so. We usually designate this over the Christmas period although we may allocate it at a different time of year.

Purchasing additional annual leave

Employees can purchase up to five days (37 hours) additional annual leave. Part-time employees, or those on flexible working schemes, can purchase the equivalent weekly hours.

Employees must submit their request during April or May, through the employee portal. We provide reminders of how and when to do this.

We deduct the cost from an employee's salary over the remaining months of the financial year. Employees must follow standard procedures to book time off on annual leave.

Read guidance on purchasing additional annual leave.

Booking annual leave

The employee's manager must approve all annual leave dates in advance. Employees must give as much notice as possible of proposed annual leave dates. This will ensure adequate business coverage at all times.

As a general rule, employees may request two weeks' annual leave over the summer holiday. Managers will consider requests for extended periods of annual leave.

Managers will consider operational requirements when agreeing or refusing annual leave. Where several employees request the same time off, managers will discuss this with them. They will aim to balance the needs of the business and those of other employees.

Illness during annual leave

Where an employee falls sick or is injured while on annual leave, the employee may transfer to sick leave. They may take replacement annual at a later time. This policy is subject to the following strict conditions:

employees must comply with the sickness absence reporting procedure. Employees must notify their manager of their incapacity, as soon as possible
employees must provide a fit note for any period of illness exceeding seven days. They must provide an equivalent document if outside the UK
in exceptional circumstances, an employee may submit a written request no later than ten days after returning to work. They should:
set out how much of the annual leave period was affected by sickness
the amount of leave they wish to take at another time
enclose evidence and medical certificates

If the request meets these conditions, we will grant the same number of days' replacement annual leave as days lost due to sickness or injury.

An employee must take any replacement annual leave as per our normal holiday policy. They should take the replacement leave in the same leave year in which they accrued it. If this is not possible, we may allow the employee to carry that leave forward into the next leave year.

Carry over of leave

We encourage all employees to take their entitlement to leave in the current year. Where this is not possible, an employee may:

carry over up to five days (37 hours) of their leave entitlement to the following year
bring forward up to five days (37 hours) leave to the current year

The amount of carry over is pro-rata for part-time employees. It must be with prior agreement with their manager.

In cases of long-term sickness, maternity or adoption leave, employees continue to accrue annual leave. They may carry it over to the following year, to take on their return from absence.

Disability leave

Disability leave is to enable paid time away from work for pre-planned appointments or treatments. This should relate to an employee's disability and help maintain health and wellness. It is not intended for use when an employee is not well enough to attend work or to extend sick pay. Standard sickness absence would apply for this.

Disability leave is in line with the requirements of the Equality Act 2010. It can cover a range of disability-related appointments, such as:

treatment related to an employee's disability
hearing aid tests
training with an assistance dog
counselling or therapeutic treatment
physiotherapy
assessment for conditions such as dyslexia
dialysis treatment
having equipment serviced or fitted
blood tests for diabetes
related complementary medicine practitioners appointments
maintenance chemotherapy treatments and recovery time. This applies where the employee is well enough to attend work but is signed off for short periods to avoid infection.

This is not an exhaustive list. We will consider other requests on a case-by-case basis.

Employees can use disability leave where it is not appropriate to remain at work or be redeployed while we put reasonable adjustments in place. We will base this upon medical evidence. We will not take this time off into account when calculating numbers of days off absent.

Any employee who considers themselves disabled under the Equality Act 2010, and needs disability leave, can request it.

Managers may grant a reasonable amount of paid disability leave, dependent upon the specific requirements. It is not possible to give exact guidelines for the amount of disability leave an employee may need.

An individual's disabilities, their personal management strategies and circumstances will differ. We will consider individual coping and management strategies to determine the amount of leave needed.

Managers may seek guidance from Occupation Health regarding:

disability leave
possible reasonable adjustments

We will consult employees about any decision we make or advice we receive. Employees must advise and update the manager of their disability status.

Special leave

Managers may provide employees with paid or unpaid special or discretionary leave for family or personal reasons. This covers periods of absence from work which are not covered by any other policy. Entitlements to certain types of leave may be covered by statutory obligations, such as dependants Leave. Other forms of leave are discretionary and managers may grant this. They will consider requests sympathetically. They are subject to the demands of the service and individual circumstances.

Employees on a flexible working hours scheme may be able to use this to meet their needs. If this is not possible, up to ten working days (74 hours) paid special leave may be approved in any 12 months. This would be pro-rata for part-time employees and is at the manager's discretion.

In exceptional circumstances, managers may approve additional paid, or unpaid, leave. We will decide this on a case-by-case basis. We may consider special leave for personal or domestic situations, or bereavement leave.

Time-off for dependents

We provide paid leave to allow employees time off in emergencies related to the care of dependents. The employee may need to make alternative care arrangements, at short notice, to then return to work. This is intended for short-term emergencies. Typically, this may mean that an employee needs one or two days for this provision.

These conditions supplement the statutory right to dependent's leave. If managers receive a request for carer’s leave they should consider the use of dependents leave or discretionary paid (special leave) before statutory unpaid carer’s leave.

This ensures that employees do not suffer financially in emergencies. Dependants include:

spouse
child
parent
someone living in the same household
someone who reasonably relies on the employee

We will pay for time off for dependents under this provision so that employees do not suffer financially. If time off for dependents becomes regular or excessive, managers will discuss with employees, the use of:

flexitime
unscheduled annual leave
other arrangements

Employees may take time off for:

1. Family emergency

Assisting when a dependant:

dies
falls ill
gives birth
is injured or assaulted

2. Specific caring responsibilities

to attend to the care of a dependant where no other care is immediately available
to make arrangements for alternative care
where arrangements for the care of a dependant have become unexpectedly disrupted or terminated
to deal with an unexpected incident involving an employee's child, whilst they are in the care of an educational establishment

Where exceptional circumstances apply, managers should use their discretion. They may consider granting further time off. This would normally include a mix of:

flexi-time
annual leave
paid discretionary leave
statutory unpaid carer's leave

Discretionary leave

Paid discretionary leave

We may approve paid discretionary leave for family or personal reasons, such as bereavement.

We may grant paid leave to make arrangements following the death of a close relative or dependant. This would include attending the funeral.

Managers should use their discretion when granting such leave. They should consider the specific circumstances of the request.

Managers may grant general special leave provisions of ten days (74 hours) paid leave. If an employee wishes to take further leave, they may request annual leave in the usual way.

Following the death of someone who is not a close family member, employees may request unpaid time off, or annual leave, to attend a funeral.

When granting paid discretionary leave for bereavement, we define a close relative or dependant as the employee's:

own child
next-of-kin or nominated next-of-kin
spouse, partner, civil partner
parent, grandparent, grandchild
brother or sister
parent of spouse, partner, civil partner

Other reasons for paid discretionary leave

childcare issues (for example, unexpected school closure)
dependent assistance. This may include assisting when a dependent:
dies
falls ill
gives birth
is injured or assaulted
dependant care (for example, where arrangements are unexpectedly disrupted or terminated)
domestic emergency (for example, severe unforeseen property damage due to fire, flood or burglary)
personal reasons (includes a domestic abuse situation)

Unpaid discretionary leave

Managers may also approve reasonable periods of unpaid leave on a case-by-case basis, for example, to care for a relative.

Unpaid carer's leave

If paid time off under dependents leave or discretionary paid leave (special leave) has been exhausted, we provide statutory unpaid carer’s leave.

This is available to all employees to give or arrange care for a ‘dependant’ who has:

a physical or mental illness or injury that means they’re expected to need care for more than 3 months
a disability (as defined in the Equality Act 2010)
care needs because of their old age

The dependant does not have to be a family member. It can be anyone who relies on them for care. It is not necessary for them to provide evidence of the dependents caring needs or to put requests in writing.

Employees can take up to one week of carer’s leave every 12 months. A ‘week’ means the length of time they usually work over seven days. For example, if someone usually works three days a week, they can take three days of carer’s leave.

They can either take a whole week off or take individual days or half days throughout the year.

If an employee needs to care for more than one person, they cannot take a week of carer’s leave for each dependant. They can only take one week every 12 months. They can use the week of leave on more than one dependant.

If an employee is a parent, they can take up to 18 weeks’ leave to look after their child by using ordinary parental leave. More information on ordinary parental leave is in the family leave policy.

Unless there is an emergency situation, employees must give their manager the following notice before they wish to take carer’s leave:

for a half day or a day off, at least three days notice
for periods of more than one day, at least twice as much notice as the requested time off. For example, if the request is for 2 days, a notice period of at least four days

Managers cannot refuse a carer’s leave request but can ask the employee to take it at a different time. They can only do this if the employee’s absence would cause serious disruption to the organisation.

If they delay it, the manager must:

agree another date within one month of the requested date for the leave
put the reason for the delay and new date in writing to the employee within seven days of the original request, and before the requested start date of the leave

Parental bereavement leave

We recognise that dealing with any bereavement is difficult. The death of a child is among the most devastating events that an employee can ever face. We are committed to supporting employees through their grief.

We will ensure that bereaved parents can take parental bereavement leave. This provision applies to employees who have suffered the loss of a child, under the age of 18. It also applies to parents who suffer a stillbirth after 24 weeks of pregnancy.

Whatever the length of service, employees can take parental bereavement leave if they are the:

parent of a child who has passed away
partner of the child's parent, where they live in an enduring family relationship with them
"parent in fact" of a child who has passed away. This means that, for a continuous period of at least four weeks before the child died:
- they have been living with the child
- they had "day-to-day responsibility" for the child
- they have not been paid to look after the child
"intended parent" of a child who has passed away (for example, a parent using a surrogate)
"natural parent" of a child who has passed away who is named in a court order. This could be where a court orders some contact for an adopted child's birth parent
adopter of a child who has passed away

For each child who has passed away, a bereaved parent can take one or two weeks' (up to 74 hours) parental bereavement leave. This leave is not available as individual days. Employees can take parental bereavement leave as:

a single block of two weeks
two separate blocks of one week at different times

Employees must take this leave within 56 weeks of the date of the death of the child. Informal notification, such as a phone call, is sufficient to take parental bereavement leave.

Employees can take this leave straightaway and we require no notice. They can begin parental bereavement leave by letting their manager know no later than when they are due to start work. If that is not feasible, they should let their manager know as soon as is reasonably practicable.

Employees must give their manager at least one week's notice if they intend to take parental bereavement leave more than 56 days after the child's death. They can cancel parental bereavement leave within 56 days of the child's death. Employees should let their manager know before they would have been due to start work.

Employees can cancel parental bereavement leave more than 56 days after the child's death with at least one week's notice. Employees should arrange this with their manager. They will not be able to cancel any week of parental bereavement leave that has already begun.

We will continue to pay normal pay during parental bereavement leave.

Religious holidays

Employees should follow the normal procedure to request time off for religious holidays. Bank Holidays are provided for Christmas and Easter.

Managers will consider the reason for the request. They will make their decision in line with the diversity and inclusion policy.

Dental, medical and hospital appointments

We expect employees to make dental or medical appointments in their own time. Employees who need to make appointments during work time should discuss this with their manager.

Employees should aim to use flexitime or lieu time, giving as much notice to their manager as possible. If this is not possible appointments should be made at either end of the working day or around lunchtime. This will ensure the least amount of disruption to the service area.

A manager may require the employee to make the time up.

Hospital, consultation, or specialist clinic appointments are considered an authorised absence. We will pay time off for this.

Managers will use their discretion to allow a reasonable amount of time off to attend appointments.

We will give paid time off to attend hospital appointments in connection with a disability. Employees and managers will co-operate to minimise disruption to the business.

Employees will need to provide managers, if requested, with proof of their appointment, when requesting time off. This can be an appointment card or letter.

Medical screening

We will give paid time off to employees for health screening.

Time off for fertility treatment

We will grant up to three days (22.2 hours) of paid leave in any one year for an employee to undergo fertility treatment. This policy applies equally to an employee whose partner is undergoing fertility treatment.

If the employee requires time off beyond the permitted number of days, they may book annual leave for this purpose. To qualify, the employee must have a minimum of 12 months of continuous service.

Time off for being a donor (egg, bone marrow, organ donor)

We will treat any pre-testing relating to being a donor as a hospital appointment. We will grant one day's (7.4 hours) paid special leave for a procedure related to being a donor. If treatment means the employee is unwell and not able to work, we will record it as sickness absence.

Time off for public duties

We recognise the value of employees undertaking public duties outside work. However, staffing levels must meet the demands of the business at all times.

We may grant reasonable time off with pay to enable employees to carry out public duties. This may include being a member of the following public bodies as defined in legislation:

a local authority
a statutory tribunal, public committee or similar body when appointed or nominated by:
- a Minister of State
- the council
- an association of which the council is a member
a police authority
a board of prison visitors or a prison visiting committee
a relevant health body
a relevant education body
the Environment Agency
Justice of the Peace
Chairman of a Local Authority or Mayor

We may also grant reasonable time off if employees give their services voluntarily when they have specific:

knowledge
skills
experience
judgement

These attributes must be of particular value to the county, community or organisation concerned.

Employees wishing to take leave to undertake public duties must get approval from their manager. They should agree to the amount of leave allowed in any one year.

Managers will approve leave subject to the needs of the service. Employees who work flexible or annualised hours should use these arrangements where possible. If employees can claim reimbursement of salary from any other source, the leave will be without pay.

Election duties

We regard election duties as a public duty and, as such, allow employees the day off with full pay. Employees may receive an allowance and expenses for carrying out these duties which they can keep.

Employees who undertake an election count during a normal working day can take the day off with full pay. If a count happens at night, there is no entitlement to have the day following as additional leave. Employees should request this as annual leave.

Jury service

Any employee called to jury service must notify their manager as soon as possible. If they are likely to be absent from a prolonged period, they must advise their manager before agreeing to serve.

We reserve the right not to release the employee where it would fundamentally affect the business.

Employees will receive their normal pay on days the court requires them for jury service. This is unless the court advises us that they must make a loss of earnings claim. In these circumstances, employees should inform their manager that the court will pay an allowance for their service. We will make a deduction from the employee's pay of an amount equal to the allowance they receive.

We will grant unpaid leave and supply the court with salary details to enable them to pay the employee. Employees must notify HR if they are going to be attending court as a witness. We will pay leave if the employee is a witness in a case where they are attending on our behalf

On days when the employee does not attend court, we expect them to report to work. If the employee attends court and is not required to stay, they should return to work if it is practical to do so.

Witness

If an employee is summoned to appear as a witness in a trial, they must notify their manager as soon as possible. They should provide the appropriate documentation.

We will not normally pay leave. Employees can claim expenses for cases brought by the Crown Prosecution Service, or as part of costs claimed against the losing party in civil cases.

Adverse weather

There may be occasions where, due to adverse weather, an employee is unable to get to work. Employees should make reasonable efforts but without compromising their safety.

If it is not possible to get to work, employees must contact their manager. They should do this at the beginning of the working day or shift. They should:

report that they are unable to get to work
discuss options to work from a different location
if appropriate, agree to work from home if there is access to suitable and appropriate systems of work

If employees cannot get to work due to adverse weather conditions and they are not working from home, they should book:

annual leave
time off in lieu (toil)
flexi-time

Employees may request paid dependents' leave if they are not able to get to work due to:

school closures, if they have to remain at home for child care reasons
they have a dependent relative whose care is cancelled as a result of the weather

This applies to occasional situations that result in an employee being unable to get to work. The business continuity people plan would apply in more serious events. This would include any severe disruption to the county, and to the services we provide.

Reservists and volunteers

The reserve forces include:

army reserve
royal naval reserve
royal marines reserve
royal auxiliary air force

Reservists must inform their manager:

that they are a member of the reserve forces
the specific reserve force that they belong to

Volunteer reservists are typically committed to around 30 days' training per year. We will grant volunteer members of the reserve forces two weeks' paid leave of absence to attend annual camp, in addition to their normal annual leave entitlement.

If an employee needs further time off as a reservist, they must request annual leave. Alternatively, they may request a mix of flexi-time, annual leave and unpaid leave. In exceptional circumstances, managers may grant a paid leave of absence.

An employee involved in compulsory mobilisation will need to provide their manager with an official confirmatory letter and mobilisation papers. We may withdraw the right for the employee to be released where it would fundamentally affect the business.

We do not pay an employee involved in mobilisation as the Ministry of Defence makes payments. Following compulsory mobilisation, we will hold open an employee's position, providing they are employed in the four weeks before being called out.

When mobilisation is complete, the employee must notify their manager, who will agree to a return to work plan.

If the reservist is a member of our pension scheme, we advise them to seek clarity from the pensions team on their rights and entitlements whilst they are on mobilisation.

Time off for volunteering

We encourage and support the commitment of employees to work as volunteers in activities, organisations or teams that require support. Employees are encouraged to discuss any volunteering commitments they have outside of work, with their manager.

We will apply flexibility, where possible, to enable the employee to pursue these activities.

Foster carers

We support our employees to offer the best to children in our care.

Employees can work flexibly where this is compatible with the demands of their job. These policies all apply to foster carers:

flexible working
emergency time off for dependents
parental leave policies

We may offer additional time off to prospective and existing foster carers who:

are applying to become foster carers for Lincolnshire County Council
are approved foster carers and have a child in placement (or have had a child in placement for 75% of the previous 12 months)
have worked for us for three months or more

Additional time off applies to all our employees, including those on temporary and fixed-term contracts. It does not apply to agency workers, reliefs or contractors.

It does not automatically cover employees employed by Lincolnshire schools. However, headteachers and governing bodies are recommended to adopt this policy as good practice.

Leave entitlement

We grant our employees up to two days (14.8 hours) leave with pay when they apply to become an approved foster carer for us. For part-time employees, the leave will be pro-rata. The employee can only take this in the year they are applying to foster to enable them to attend:

meetings
home visits
mandatory training

Employees can take the leave as half days when appropriate.

Where a couple whom both work for us are applying to become foster carers, the leave entitlement applies to each partner.

We award five additional days leave (37 hours) per year to employees who are active foster carers for us. For part-time employees, the additional days will be pro-rata. This leave is for attending meetings, training or to meet the needs of a child. Employees can take the leave as half days where appropriate.

The maximum amount of additional leave any foster carer could receive in any one year is five days (37 hours).

Additional leave is intended to be per annum. A manager can offer flexibility at their discretion.

Employees wishing to take leave under this policy must produce written evidence to their manager. The evidence must show that they are approved foster carers with LCC or actively applying to become foster carers with LCC.

The employee’s line manager will approve the leave on a discretionary basis. The manager will take into account the individual circumstances of each case and operational requirements of the business.

The request for leave should outline the reason, and the amount of leave required.

Where more than the maximum entitlement of fostering paid leave is requested, the line manager and the employee should discuss other options:

annual leave
flexi-leave
special leave for emergencies
unpaid leave

Shared lives

We support employees who help others to remain as independent as possible and part of the community.

We offer employees the opportunity to work more flexibly. This must be compatible with the demands of their job and with approval from their line manager. Additional time off will be available to all our employees who are shared lives carers.

To apply for additional time off, the employee must:

have been employed by us for three months
have obtained their manager’s consent to take up additional employment (as per the code of conduct policy

be applying to become a shared lives carer, or

be an approved shared lives carer and have an ongoing placement with a service user (or have had a placement for 75% of the time within the previous 12 months)

This entitlement applies to community and voluntary controlled schools. It is advisory for foundation and voluntary aided schools.

This policy also does not apply to agency workers, reliefs or contractors.

Leave entitlement

Up to five days additional annual leave with pay may be granted to employees (pro-rata for part-time) per year.

When applying to become a shared lives carer, the employee may need to attend meetings, training and home visits. If this leave is taken in one block, the current shared lives provider (PSS) may fast-track their assessment. Employees can then complete all the carer start-up activities within the additional annual leave period.

Applying and approval

When applying to their line manager, the employee must:

provide written evidence that they are an approved shared lives carers, or they are actively applying to become one
outline the reason and the amount of leave required. They should include whether the additional leave will be taken as a block to take advantage of the fast-track process.

The employee’s line manager will consider the individual circumstances of each case and the business requirements.