Local scheme conditions of service

Leave year

The leave year normally runs from 1 April to 31 March.

Annual leave

In addition, in a standard year there are eight bank or public holidays (59.2 hours).

Extract from JNC for chief officers

Annual leave and holiday arrangements are at the discretion of the local authority subject to a minimum entitlement of 30 working days, including annual and long service leave, extra statutory and local holidays.

Notes

The timing of all leave is subject to the approval of the manager.

The figures quoted assume a five-day working week.  This is pro rata for employees working more or less than five days each week.

Employees may carry forward to the following year or bring up to five days (37 hours) leave into a current year.  This is pro rata for employees working more or less than five days each week. 

Additional days may be transferred with the approval of the manager.

The leave entitlement includes the three concessionary and extra statutory days (22.2 hours) previously provided for each year.  These were usually the Tuesdays following the Easter, Spring and Autumn bank holidays.

There will be no protection arrangements.

We reserve the right to designate up to two days (14.8 hours) annual leave in any leave year.  Employees must take annual leave from their allocated allowance.  This only happens when we consider it is economically beneficial to do so.

All employees are entitled to a minimum of 28 days (207.2 hours) leave.  This is made up of annual leave entitlement and worked bank holidays.  Leave entitlement is pro rata for part-time staff. 

Employees whose working pattern in any leave year does not total 28 days (or pro rata equivalent) will have their entitlement made up to 28 days.

Employees receive the additional annual leave entitlement from the fifth anniversary of working for us.

Leave at Bank and Public holidays

Paid leave will be granted on nationally declared Bank and Public holidays.  This will be subject to the needs of the service. These are currently:

• New Year's Day
• Good Friday
• Easter Monday
• May Day Holiday
• Spring Bank Holiday
• Summer Bank Holiday
• Christmas Day
• Boxing Day

Other leave

Discretionary leave

We may approve leave with pay if an employee needs time off for family or personal reasons. This supplements the employee’s statutory right to reasonable unpaid time off from work for dependants.  See the leave and time off policy - discretionary leave.

Ordinary parental leave

Employees are entitled to take a total of 18 weeks unpaid ordinary parental leave if they:

• are parents of a child
• have adopted a child under 18 years

For further details, see the family leave policy.

Shared parental leave

Employees can choose how to share the care of their child during the first year of birth or adoption.  For further details, see the shared parental leave in the family leave policy.

Adoption leave

Adoptive parents are entitled to up to 52 weeks adoption leave.  This will be subject to qualifying conditions.  For further details see adoption leave in the family leave policy.

Maternity support leave

We offer five days with pay to the partner or nominated carer of an expectant mother.  This will be taken at or around the time of birth.  A nominated carer is the person nominated by the mother to:

• assist in the care of the child, and
• to provide support to the mother at or around the time of the birth

Five days with pay also applies in cases of adoption where these criteria are met.  Details are in the maternity leave section of the family leave policy.

Paternity leave

Paternity leave is a statutory right, subject to qualifying conditions. One or two consecutive weeks leave are offered within 56 days of the birth to:

• the father of the baby
• adoptive father
• the mother’s husband or partner

Additional paternity leave of up to six months is available for qualifying employees. Details are contained within the paternity leave section of  the family leave policy.

Maternity scheme

The maternity leave and pay provisions are detailed in the maternity section of the family leave policy.

Leave for public duties

We may grant employees reasonable time off with pay to enable them to carry out public duties.  This could be as 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 we are 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

Or when employees are requested to give their services voluntarily for activities where they have specific:

• knowledge
• skills
• experience
• judgement

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

Employees wishing to take leave to undertake public duties must obtain prior approval from their manager.  They should agree on 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 the employee can claim salary reimbursement 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 also 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 that day off with full pay.  If a count is undertaken at night, there is no entitlement to have the day following as additional leave.  Employees should arrange to request this as annual leave.

Leave for Trade Union duties

We have a collective agreement which sets out:

• the provisions on trade union facilities and
• time off for trade union duties

Details are available in the trade union recognition and facilities agreement.

Jury service

Any employee called to jury service must notify their manager as soon as possible.  Their manager will approve leave of absence unless an exemption is secured from the court.

We will pay employees 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.  When this happens, the employee should inform their manager.  We will make a deduction from the employee’s pay of the amount equal to the allowance they receive.

The employee may retain any out-of-pocket expenses the court pays.  They should not be included in the figure notified.

For further information, see the leave and time off policy.

Attendance at court

If an employee is summoned to attend court following a subpoena or as a witness, we do not pay leave.  Employees can claim loss of earnings for cases brought by the Crown Prosecution Service or as part of costs claimed against the losing party in civil cases.  The employee must notify  People Services of the amount as soon as possible.

If the employee attends court on our behalf, it will be treated as a part of their normal duties.  Leave is not appropriate.

Military reservists

Volunteer members of the reserve forces who attend annual camp will be granted two weeks’ paid leave in addition to their normal entitlement. In addition, managers may grant a paid leave of absence to volunteer reservists.  See the reservists and volunteers section of the leave and time off policy for further information.

Accompanying a fellow worker

Employees are entitled to reasonable paid time off during working hours to accompany a fellow worker at a disciplinary or grievance hearing.  We will also allow no more than a half day of paid time off to discuss and prepare the case with the worker beforehand.

Time off for training or study

We will give time off for training and study leave in approved cases.  When on training courses outside their contracted daily hours, part-time employees shall be:

• paid on the same basis as full time employees or
• given time off in lieu

For further details, see the learning and development policy.

Time off to attend interviews

We will grant time off with pay for interviews within the council. Interviews outside the council are to be taken as annual leave.

If an employee has been given formal notice of redundancy and has two years’ service, we will give reasonable time off work during the notice period to:

• look for work
• make arrangements for training

Time off for medical screening

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

Hospital, doctors and dental appointments

Employees should arrange doctors, dentists or opticians visits outside core hours.  Flexi time should be used if the appointment is within core time.

When unavoidable, managers may allow employees time off inside work time.  Requests will be considered on an individual basis. 

Hospital appointments are considered an authorised absence, and we will pay for the time off.  Employees should provide their manager with proof of their appointment (for example, an appointment card or letter).

Time off to accompany dependants should normally be taken as annual leave or flexi time.  If there are exceptional circumstances, paid time off may be appropriate.

Prayer or religious observance

Employees should seek to undertake prayer or religious observances outside core time.  Flexi time should be used if prayer or religious observance is within core time.

Provisions for retained employees

School crossing patrol attendants and catering staff in schools

Annual leave will usually be taken during the school holidays.  Payments for annual leave will be pro rata to comparable full-time employees. Alternative arrangements may be agreed upon locally.

In addition to the provisions set out in the agreement on annual leave, public and extra-statutory holidays, there is an entitlement to:

• full pay for days when the school is closed during the term, such as for elections or emergencies
• for school meals employees only, not more than three additional days each year for school closures during term time.  For employees required to work any such additional day, we will:
  • pay employees at their full rate
  • give time off in lieu at a later date.  If this is not practicable, payment shall be at double time rates.

For the remaining periods of the year when the school is closed, employees are not entitled to receive a retainer payment.  The existing contract provisions for pro rata annual leave shall remain unchanged.  Annual leave will be calculated and paid over 12 months of the year in equal amounts.

Employees who are unable to work due to sickness absence will be treated under the sickness provisions.  Their entitlement to sick pay is set out in the NJC National Agreement.  It will be based on their normal equated salary. 

Teaching assistants

Teaching assistants in community schools, or a foundation or aided school who have adopted the Lincolnshire County Council Collective Agreement of 1 April 2007, receive a salary in accordance with this agreement.

The terms and conditions for this group of employees are contained within the Lincolnshire County Council Teaching Assistant Collective Agreement 2003 as amended.  It will apply to schools that have not adopted the Lincolnshire County Council Collective Agreement of 1 April 2007.

The Local Scheme Collective Agreement of 2011 changes the application of the Teaching Assistants Collective Agreement in Community Schools in respect of:

• annual leave entitlement
• overtime threshold at full time hours such as 32.5 hours for teaching assistants

Nursery employees and ancillary assistants

There are nursery employees and ancillary assistants in foundation or aided schools where the Lincolnshire County Council Teaching Assistant Collective Agreement or Collective Agreement of 1 April 2007 has not been adopted.

Nursery employees include nurses and assistants working in nursery classes and nursery schools:

• nursery employees are to be regarded as full-time employees if:
  • regularly employed for ten sessions or more per week (including lunch breaks where worked) during the school term or,
  • where a sessional basis is inappropriate, for 32.5 hours (including lunch breaks where worked)
• the right of the employer to require further work outside normal school hours is subject to payment at:
  • plain time rate (based on 1/32.5 of weekly pay) or,
  • overtime rate of 1.5/32.5 for hours worked beyond the standard working week
• nursery employees employed full time should be available to work for 195 days in any year.  Pupil contact is required for 190 of those days.

These conditions also apply to:

• ancillary assistants working with statements of special educational needs of working in a special school, and
• ancillary assistants working in classrooms up to the age of seven

A protected allowance under the National Agreement (as varied by the Lincolnshire County Council Collective Agreement of 1 April 2007) will be paid to teaching assistants who work:

• with children with statements of special educational needs, or
• in special schools who were appointed before 1 September 1998