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Annual Leave Policy

1. Policy Statement
The University has harmonised annual leave entitlement for all employees, irrespective of role or grade, and, in accordance with the Part-Time Workers Regulations 2000, is committed to ensuring that employees who work on a parttime, part-year or job share basis are not treated less favourably than comparable full-time employees.

2. Scope
This policy applies to all employees.

3. Aims
This policy sets out the Universitys approach to annual leave and the basis on which it may be taken.

4. Principles
a. Annual leave entitlement for full-time employees is 30 days (including 3 Customary Leave days between Christmas and New Year when the University will be closed for normal business), plus 8 Public / Statutory holidays: Christmas Day Boxing Day New Years Day Good Friday Easter Monday May Day Bank Holiday Spring Bank Holiday August Bank Holiday

b. Annual leave entitlement (including Customary Leave days and Public / Statutory holidays) will be pro-rata for employees working on a part-time and

part-year basis, as a proportion of a full-time contract worked, rather than the days normally worked. c. Depending on the number of hours worked in a year, casual workers are entitled to a maximum of 28 days paid annual leave (reduced pro-rata if less than full-time hours are worked), excluding Customary Leave days and Public/Statutory Holidays when casual workers would normally not be employed. Annual leave entitlement will be calculated on the basis that for every 8.3 hours worked, one hours leave entitlement will be accrued. d. The standard annual leave year runs from 1 October to 30 September unless varied by local agreement. e. Employees who join the University part-way through a leave year will be granted a proportion of the annual leave entitlement at the rate of 1/365th of the annual leave for each completed calendar day of service during that leave year. f. Every employee is expected to take their leave entitlement within the leave year.

g. 5 days leave (37 hours full time equivalent, pro rata for part time employees) may be carried forward to the following leave year by agreement with the Line Manager. Applications to carry forward more than 5 days leave must be made in writing to the Head of Department; authorisation will be agreed only in exceptional circumstances and will be limited to a maximum of 10 days leave (74 hours full time equivalent, pro rata for part time employees). h. Any leave carried over to the next leave year must be used by 31 December, or where the leave year has been varied by local agreement, within the first 3 months of that leave year. i. j. If permission to carry over leave has not been granted, it will be lost. Leave untaken in excess of 10 days will be lost.

k. The University will not pay employees for leave not taken as an alternative to carrying it over to the next leave year. l. Managers and staff are responsible for identifying well in advance situations where the amount of leave untaken may lead to problems.

m. When employees move posts within the University they will be expected to take their leave entitlement prior to their date of transfer. n. Employees leaving the University are expected to take any outstanding leave entitlement during their notice period. Where this is not possible due to the constraints of the service, they may receive payment for any days leave carried over from the previous leave year, and the proportion of entitlement for the period during which they have worked during the final leave year. o. Employees on maternity leave will accrue contractual annual leave during Ordinary and Additional maternity leave i.e. throughout the whole period of maternity leave. If, due to maternity leave, an employee is unable to take all of her annual leave entitlement in a particular leave year, she may carry over a maximum of 10 days annual leave (74 hours full time equivalent, pro rata for part time employees) to the following year, by agreement with her Head

of Department. Any accrued leave in excess of 10 days should be taken before the maternity leave commences.

5. Responsibilities
Role Employees Responsible for Keeping a record of annual leave allowance and leave taken. Ensuring that adequate leave is retained for use on Customary Leave days and Public / Statutory holidays. Identifying well in advance situations where the amount of leave untaken may lead to problems. Authorising and monitoring the taking of annual leave by their staff. Identifying well in advance situations where the amount of leave untaken may lead to problems. Considering and, where appropriate, authorising carry over of leave in excess of 5 days up to a limit of 10 days. Providing guidance on calculating annual leave.

Line Managers

Heads of Department HR Services

6. Monitoring and review of policy


Application of the policy will be monitored by the Director of HR. The policy will be reviewed after a period of 4 years.

Taking annual leave


You need to agree the dates of your leave in advance with your line manager. You should try and give as much notice as possible, especially when taking large blocks of leave. Your department will have a system for recording leave which you should use.

Carrying forward untaken annual leave


With the agreement of your line manager you can carry up to 5 days' leave into a new leave year. Exceptionally, and only with the agreement of your Head of Department, you may be allowed to carry forward up to 10 days' leave.

Other types of leave


There are a number of other types of leave for particular circumstances. Choose a link below for more information:

Compassionate leave Emergency leave for care of dependants Maternity / adoption leave and benefits Maternity support leave Parental leave Public service leave Sickness leave

Emergency Leave for Care of Dependants


Regardless of your length of service you have a right to take a reasonable amount of unpaid time off work to deal with an emergency involving a dependant: if a dependant falls ill or has been involved in an accident or assaulted, including where the victim is hurt or distressed rather than injured physically. when a partner is having a baby or adopting a child (also see Paternity leaveand Parental Leave). to make longer term care arrangements for a dependant who is ill or injured. to deal with the death of a dependant e.g. to make funeral arrangements or attend a funeral (also see Compassionate Leave) to deal with an unexpected disruption or breakdown in care arrangements for a dependant e.g. when the childminder or nurse fails to turn up. to deal with an incident involving your child during school hours e.g. if they have been involved in a fight or are being suspended from school. The right is not for long-term care arrangements such as childcare or nursing a sick relative. For normal domestic emergencies not covered by these statutory rights you will usually be expected to use annual leave or flexitime leave.

Who counts as a dependant?


A dependant is a partner, child or parent, or anyone living with you as part of your family. In cases of illness, injury or where care arrangements break down, a dependant may also be anyone who reasonably relies on your for assistance. It does not include tenants or boarders, or anyone who lives with you as a live-in housekeeper or nanny for instance.

How much time off am I allowed to have?


There is no set limit to the amount of emergency leave that you can take or the number of times you take it, provided it is for real emergencies.

The amount of time allowed to deal with an unexpected event involving a dependant will vary depending on your personal circumstances. You are allowed a 'reasonable' amount of time to deal with an emergency and to make any arrangements that are needed. In most cases, this will be one or two days at the most, but may be longer with the agreement of your line manager.

How much notice do I need to give?


You need to let your manager or Head of Department know as soon as possible about your absence, the reason for it and how long you expect to be away from work. They will inform the Payroll and Pensions Office of the dates when you are on unpaid emergency leave, so that appropriate adjustments can be made to your salary and, where relevant, pension contributions. Emergency Leave is intended to cover unforeseen events. If you know in advance that you are going to need time off, you may be able to arrange with your manager to take this time off as part of your annual leave entitlement. If the reason you need to take time off relates to your child, you may be able to take paid Compassionate Leave or unpaid Parental Leave.

Maternity & Adoption


If you are adopting a child, you are entitled to the same benefits as if you were giving birth to that child (see below for details). We are working on developing separate adoption guidance. In the meantime, given the special circumstances of adoption cases, you are strongly advised to contact your Departmental HR Managerfor advice, giving as much notice as possible.

Contents

1. 2. 3. 4. 5. 6. 7.

Maternity Leave and Pay Other Contractual Benefits What to do as soon as you know you are pregnant What to do by the 15th week before your baby is due What to do before you begin your maternity leave and during your leave What to do before your return to work Other Useful Information

Maternity Leave and Pay


You are entitled to up to 52 weeks' maternity leave regardless of your length of service. However, the type of maternity pay that you will get depends on how long you have been working for the University:

1. If you will have worked for the University continuously for 52 weeks or
more at the beginning of the week your baby is due (Expected Week of Childbirth - EWC), you will be entitled to Occupational Maternity Pay.

2. If you will have worked for the University continuously for 26 weeks or
more up to and including the 15th week before your EWC, you will be entitled to Statutory Maternity Pay.

3. If you will have worked for the University less than 26 weeks up to and
including the 15th week before your EWC, you will not be entitled to Statutory Maternity Pay, but may be entitled to Maternity Allowance.

What does this mean?


If you qualify for the University's Occupational Maternity Scheme you are entitled to 39 weeks paid maternity leave, plus up to 13 weeks unpaid maternity leave. The paid leave consists of: 18 weeks on full pay, including Statutory Maternity Pay (SMP)

21 weeks pay at the SMP rate (currently 123.06 per week or 90% of your average weekly earning, whichever is less) If you qualify for Statutory Maternity Pay, you are entitled to 39 weeks paid maternity leave, plus up to 13 weeks unpaid leave. The paid leave consists of: 6 weeks at 90% of your average weekly earnings

33 weeks Statutory Maternity Pay (currently 123.06 per week or 90% of your average weekly earning, whichever is less) If you do not qualify for Statutory Maternity Pay, the Payroll and Pensions Office will send you form SMP1 which you can take to Job Centre Plus to claim Maternity Allowance (MA) instead. This consists of: 39 weeks at the SMP rate (currently 123.06 per week or 90% of your average weekly earning, whichever is less). You will still be entitled to a total of 52 weeks' maternity leave. You can use the Personalised Maternity Guidance to work out your key dates and see what you're entitled to.

What about other contractual benefits?


Continuity of Service If you return to work following maternity leave (paid or unpaid), the period of absence due to maternity leave will be treated as continuous service for employment

rights purposes and service-related benefits (e.g. redundancy payments, sickness absence payments etc) and you will be entitled to receive your annual increment on your normal increment date. Pension If you are a member of the USS or University of York Pension scheme, the University will continue to make its usual contributions for the whole time you are receiving Occupational or Statutory Maternity Pay. During any unpaid maternity leave your active pension scheme membership will be "suspended". This means that the period will not count as pensionable service, but that benefits will be paid in the event of your death or ill-health retirement during maternity leave, on the basis of the service and salary which counted at the end of your paid maternity leave. If you want further information about your pension arrangements whilst on maternity leave you should contact the Payroll and Pensions Office. Annual Leave You will continue to accrue annual leave throughout your maternity leave, but the normal provisions with respect to carry over of leave from one year to the next will apply i.e. you will only be allowed to carry over up to 10 days leave with the agreement of your manager. You are therefore advised to discuss the timing of your leave with your manager. This must be taken either before your maternity leave starts or after your maternity leave period has ended. Please note that annual leave cannot be taken during a period of maternity leave. Any period of annual leave taken following the birth of your baby will be deemed to be a return to work for the purposes of maternity regulations and occupational maternity provisions. You will therefore be expected to resume your normal working arrangements following the period of annual leave. Other benefits Aside from pay, you will continue to receive any contractual benefits, which you would normally receive if you were at work, throughout your maternity leave period. If you participate in a salary exchange arrangement (such as the Childcare Voucher Scheme) you may receive a reduced amount of Statutory Maternity Pay as this is based on your earnings in the eight week period up to and including the 15th week before your baby is due. You should therefore think carefully about whether you want to continue to receive benefits as part of a salary exchange scheme at this time.

Paternity leave policy 1 Policy statement

1. 1.1 Paternity leave is an entitlement to time off that may be taken by


the biological father or mother's partner during the first year of a child's life.

2. 1.2 Paternity leave is intended to support parents in the early stages


of a child's life.

3. 1.3 Reflecting terminology used in national legislation, the University


uses the term 'paternity leave' to recognise that any employee who is the biological father or the partner (including same sex partner or civil partner) of an expectant or new motherwho shares responsibility for the child's upbringing is entitled to apply for leave under this policy.

2 Application and scope


The following principles will apply to the application of this procedure:-

4. 2.1 Paternity leave falls into two categories


Ordinary Paternity Leave (OPL) - a period of one or two weeks leave to be taken within eight weeks of the child's birth Additional Paternity Leave (APL) - a period of between two to 26 weeks leave commencing from 20 weeks after the baby's birth

5. 2.2 Paternity leave will be granted to a University of York employee


who meets the eligibility criteria. The criteria may be amended from time to time to reflect legislative changes. .

Public Service Leave


Contents

1. Voluntary Public Service 2. Volunteer Reserve Forces 3. Jury Service


Voluntary Public Service

a. Employees should obtain the agreement of the University before


undertaking voluntary public service. The University will grant, subject to the exigencies of the service, special leave with pay, (less any relevant attendance allowance - see paragraph d below) for a period not exceeding 18 days in any period of 12 months for the purpose of carrying out duties such as: a Justice of the Peace; a member of a local authority; a member of any statutory tribunal etc.

b. Any special leave authorised for public duties may be taken in days or half-days, as required, with the prior agreement of the employee's

Head of Department, or nominee, for each absence from work. Such agreement will not be unreasonably withheld. c. An employee who is appointed Chairperson, or equivalent, of a public body and thereby attracts additional duties may be granted up to an additional 6 days' paid leave for carrying out such additional duties, including any magisterial duties.

d. Employees who are granted paid special leave in accordance with


paragraphs (a) and (c) above, should undertake to refund to the University any fees or attendance allowances received other than fees or allowances paid specifically as travelling and subsistence expenses. If the attendance allowance is greater than a day's pay, then unpaid leave will be given. No travelling or subsistence allowance will be paid by the University.

Volunteer Reserve Forces


The University will grant, in addition to the normal annual leave entitlement, five days with pay for employees who are required to attend training exercises, summer camps, etc.

Jury Service
Employees who are called for jury service will be granted special leave with pay less any attendance allowance paid for jury service. They will be required to claim loss of earnings from the Court.

Attendance and absence


Hours of work
The standard working week (excluding time for meals or breaks) is 37 hours. Your days and times of work will have been agreed between you and your manager.

Flexitime
Your manager can also tell you whether or not you are eligible for your department's flexitime scheme. Most jobs are eligible for flexitime, but some cannot be included because of the type of service they provide. More information about the flexitime scheme.

Absence from work

Sickness absences
If you are ill and cannot come to work you must report your absence as soon as possible. Do this by telephoning your manager. If your manager is unable to come to the phone, you should leave your message with your departmental office. If your illness prevents you from telephoning personally, ask somebody to call on your behalf. If it isn't possible to telephone, you should try to get an email or written message to your manager as soon as possible. When reporting your absence, you should give the following information: when you became unfit for work;

the nature of your illness, which should be more specific than unwell or sick. If you don't want to tell your manager about the nature of your illness, you must notify Human Resources and tell them the reason for your absence; how long you expect to be off work; when you will contact your manager again.

Certifying absences
All sickness absences must be reported. Absences of less than 7 days need be selfcertified. You should submit a completed self-certification form [PDF] to your manager on your return to work. If you are absent for more than seven calendar days, you must obtain a doctors certificate to cover this absence and all further absences in your spell of sickness. These certificates must be submitted to your manager as soon as possible

Payment during Sickness Absence


Your entitlement to normal pay while on sickness absence is dependent upon your length of service. Length of service During the first three months of service During the first year (after first three months) During second and third year of service During the fourth and fifth year Entitlement Up to two weeks on full pay and a further two weeks on half pay; Up to two months on full pay and a further two months on half pay; Up to four months on full pay and a further two months on half pay; Up to six months on full pay and a further four

of service After completing five years of service

months on half pay; Up to eight months on full pay and a further four months on half pay.

For more information, see the Sickness Leave & Payments Agreement.

The University's Occupational Sick Pay Scheme


In most cases where the University's own sick pay scheme is applicable, SSP is a sum less than that paid by the University and is deemed to be included within the allowances payable under the University's own scheme. Where SSP exceeds those allowances, it will be paid in full. If you are absent from work due to illness you must comply with the following notification arrangements, otherwise you may not be paid for the period of absence. You should keep in regular contact with your Head of Department (HoD) throughout the period of absence (see 2.3). 2.1 Allowances Under the University's Occupational Sick Pay Scheme and subject to the conditions which follow, you are entitled to receive an allowance for a period of absence due to sickness in accordance with the following scale less any state benefit receivable. Length of service During the first three months of service During the first year (after first three months) During second and third year of service During the fourth and fifth year of service After completing five years of Entitlement Up to two weeks on full pay and a further two weeks on half pay; Up to two months on full pay and a further two months on half pay; Up to four months on full pay and a further two months on half pay; Up to six months on full pay and a further four months on half pay; Up to eight months on full pay and a further four

service

months on half pay.

(Remember these allowances include any entitlement to SSP) * state benefit referred to above will be: incapacity benefit or maternity allowance. It does not include Statutory Sick Pay paid by the University. Notes: a. For the purposes of the University's Occupational Sick Pay Scheme 'full pay' means gross pay excluding fluctuating emoluments such as overtime and temporary allowances, but includes those payments which are a planned and regular feature of the employee's remuneration, e.g. shift pay for permanent shift workers and enhanced payments for weekend work forming part of a regular shift pattern. 'Half-pay' means 50% of full pay as defined above. b. Special conditions apply for periods of maternity leave (see separate regulations).

c. The University may require that a medical examination, by a medical officer


nominated by the University, be undertaken at the University's expense at the end of three months' absence in the case of those with less than five years' service at the commencement of their period of absence, and at the end of six months for others. Your attention will be drawn at the time to your right to see such reports under the Medical Reports Act 1988, the Access to Medical Records Act 1990 and Section 21 of the Data Protection Act 1986. 2.2 Calculation of Allowance Sick pay is payable for the working days that you are contracted to work during that week as specified in your contract of employment. E.g. Someone who is contracted to work Monday to Friday inclusive and is absent from work from Monday to Friday due to sickness, will receive sick pay for those five days. A part-time member of staff who works on Monday, Wednesday and Friday and is absent from Monday to Friday will only receive sick pay for three days. For teaching and research staff whose contracts do not specify otherwise, the working week is deemed to be six full days (i.e. excluding Sundays) for all purposes relating to sick pay. For the purposes of assessing the period of full pay and half pay, the definition of one month is as follows: No. of days in a working week: Definition of one month*: 1 day shall be 5 working days

2 days shall be 3 days shall be 4 days shall be 5 days shall be 6 days shall be

9 working days 14 working days 18 working days 22 working days 26 working days

For example, a person who is contracted to work 1 day a week and is entitled to receive 2 months' full pay and 2 months' half pay will receive: 2 x 5 = 10 days' full pay, plus 2 x 5/2 = 5 days' half pay *Note: The varying definitions of 'one month' given above are calculated to equalise monthly salaries throughout one year. As there are different numbers of days in calendar months, but salary is equalised, a similar formula has been evolved for sick pay allowances. All paid holidays are counted as full working days. The rate of allowance and the period for which sick pay will be paid in respect of absence due to sickness will be calculated by aggregating any previous periods of absence due to sickness during the twelve months immediately preceding the first day of absence. In calculating the appropriate period of benefit referred to in paragraph 2.1above, service with the University of York, previous University service or service of a comparable nature which was subject to FSSU, USS or other superannuation scheme, the benefits under which are transferable shall be reckoned as qualifying service. In all other cases the amount of previous service to be reckoned for this purpose shall be left to the discretion of the Director of Finance. 2.3 Notification and Certification of Illness In order to qualify for payment under the University's sick pay arrangements the following course of action should be carried out.

1. First Day of Absence - You, or someone acting on your behalf, must notify
your Head of Department (HoD) (or his/her nominee) as soon as possible, by telephone, e-mail, or fax that you are unable to come to work and also indicate as accurately as possible the likely date of your return to work.

2. Second and Third Day - As for first day.

3. Fourth Day - If your condition worsens and your circumstances change, you
must notify your HoD (or his/her nominee). You should submit to your HoD a self-certification form (SC2 - available from the Payroll and Pensions Office), immediately on your return to work if your sickness absence extends to four calendar days or more.

4. Eighth Day Onwards - If your sickness absence extends to eight calendar


days or longer, a medical certificate (form MED 3) from your doctor or form MED 10 from the hospital must be submitted to your HoD at regular intervals. If it is necessary for you to see your doctor in the first seven days and it is clear to him/her that the incapacity will last more than a week, he/she may choose to issue you with a medical certificate, form MED 3 (although not obliged to do so) for the forward period and this should be submitted to your HoD in the normal way. It is your responsibility to ensure that each day of sickness is covered by a medical certificate to qualify for SSP and/or the University's Occupational Sick Pay Scheme. If you work part-time and your average weekly wage over eight weeks is below the lower earnings limit for National Insurance contributions, you are ineligible for SSP. You should ask for a private medical certificate in those circumstances, as the doctor may not give you a 'medical statement' (as required for SSP purposes). You may be asked to pay a fee to the doctor for this certificate and if so you should send a note of the cost with the certificate when you submit it to your HoD. The University will reimburse such fees. If a doctor will not give you either a 'statement' or a private medical certificate, then you must provide details in writing, identifying yourself and giving detailed reasons for your absence, the date on which you saw the doctor and an idea of the date you are hoping to return to work. If you suffer from a serious condition and take time off for regular weekly treatment such as dialysis or chemotherapy, you should consult the local Benefits Agency without delay.

5. Return to Work - You do not need to supply a certificate of fitness, if you


return to work immediately after the expiry of a medical certificate. You should, however, inform your HoD that you are back at work. If you return to work prior to the expiry of a previous sickness certificate you should obtain, (from your doctor), a certificate stating that you are fit to return to work.

6. Hospital Admission - If you are admitted to a hospital or similar institution,


you should submit to your HoD a self-certificate form on admission and a medical certificate on discharge if your stay in hospital has been more than seven calendar days. These certificates will be in substitution for periodic sickness certificates. If you are in doubt whilst in hospital you should seek advice from the hospital staff. 2.4 Sickness During Holidays, Public Holidays and Customary Days

The University does not expect staff to lose holidays through sickness, and holidays in lieu (taken by mutual agreement with the individual's HoD) are given in cases of sickness during holidays. However, staff on long term sick leave who, as a result, are unable to take all of their leave entitlement in a particular year are not allowed to carry forward more than 10 days' annual leave to the following leave year. Staff who are on paid occupational sick leave (or paid occupational maternity leave) on a Public/Statutory or Customary holiday are allowed to take the day(s) of holiday at a mutually convenient time (i.e. agreed with their HoD). Staff who are on unpaid sick leave (i.e. they not eligible to receive occupational sick pay or they have exhausted their entitlement to paid occupational sick leave) on a Public/Statutory or Customary holiday are not allowed to take the day of holiday on their return to work. However, such staff will receive payment of SSP for any Public/Statutory or Customary holidays which occur during any period of sickness for which there is an entitlement to SSP. Any Public/Statutory or Customary holidays for which staff are sick do not count towards the period of their sick leave for the purposes of paragraph 2.1 above. Notification of sickness on Public/Statutory or Customary holidays should be made to your HoD as soon as practicable, adhering as closely as possible to the conditions set out above. Sickness absences for all holidays should be accounted for by medical certification and in these circumstances self-certification will not be accepted.