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SPECIAL
LEAVE
- A GUIDE TO HELP YOU
(updated March 2006)
Agreement has
been reached with BT on an updated Special Leave Procedure, Below.
The key change is
the specific inclusion of paid Special Leave for hospital
appointments, which as branches will know, has been a long-running
argument.
This new
agreement goes much further than the previous position which only
allowed for casual leave to be taken. Additionally BT had wanted to
write into any new procedure that the time must be made up.
However, we
argued this point vigorously and I am delighted that we have
succeeded in securing this small but vitally important concession.
The wording in
the agreement is not perfect but the TFSE believes that it is
important to secure the principle and monitor the application. We
believe that paid leave for consultations will cover most, if not
all, hospital appointments and will alleviate the difficulties for
many of our members who are still working but under regular hospital
treatment.
Special Leave Procedure
1 Scope
This policy covers all BT UK employees and provides a comprehensive
summary of special leave, both in terms of statutory rights and
entitlements under BT's special leave provisions, some of which are
discretionary and may be paid or unpaid. It does not cover:-
- Volunteer Reserve Forces - annual training is covered in this
document but for arrangements that apply during national conflict
See ISIS @
http://documents.intra.bt.com/bookstore/isis/pnl/i_pnlemp
/1empa042/@Generic__BookView
- Holidays
/ Vacation (Annual Leave)
Full details of the entitlements available for these types of leave
are held under separate policies and can be found by clicking on the
categories which will link to the relevant website.
2 Overview
It is recommended that employees refer to BT's career/life planning
website to review the full range of options available to them if
they are planning an absence from work or require greater
flexibility with their existing attendance patterns
Special leave is an absence from work of half a day or more to meet
an individual's needs. There is no automatic right to special leave
except where there are specific requirements as part of government
legislation. i.e. statutory entitlement.
Individuals make a request for special leave to their line manager,
who has discretion to approve or reject an application. If an
application is rejected, the grounds for doing so must be made clear
to the applicant.
3 Types of leave
Leave can be paid or unpaid. It may be the case that an application
will attract a combination of both paid and unpaid leave. The local
manager should determine the balance.
-Statutory leave The basic entitlement to certain types of leave
derives from statute. Such leave is as set out in section 6 below.
In many cases, BT's leave provisions are more generous than this
basic minimum.
- Casual leave Up to 4 hours or half a day's paid leave to attend a
one off appointment or deal with an emergency that does not fit
within the special leave definition. The individual will normally be
required to make up the time taken within a reasonable timeframe
that should be agreed with their line manager, except in cases of
distress.
- Discretionary leave there are specific circumstances where paid or
unpaid leave may apply as detailed in paragraphs 5, 6, 7 and 8.
However, paid and/or unpaid leave may also be granted for other
circumstances not specifically covered there.
- Discretionary Paid leave is with full pay (i.e. basic pay plus any
London Weighting and assigned allowances). Absences on paid leave do
not affect an employee's basic pay, incremental date, annual leave
entitlement, or pension.
- Discretionary Unpaid leave will normally count towards service and
pay progression providing the individual is marked fully
satisfactory (or given an equivalent marking) on their current job.
Individuals planning to take unpaid leave should be aware of the
following :
- when four weeks or more unpaid leave is taken, there will be a pro
rata reduction in annual leave entitlement normally in the same
leave year.
- the individual will be expected to pay their own pension scheme
contributions including employer contributions for members of the
BTPS if they wish to restore pensionability for the period for which
unpaid leave was authorised. (BTRP pension members should also refer
to their pension terms & conditions and seek further advice as
necessary)
- an individual's pay should be reduced by 1/12th of their annual
salary divided by the total number of days in the month concerned
for each day of unpaid leave taken, and be reduced by the number of
public/bank holidays, off days, rest days, Saturdays or Sundays
falling within the period of unpaid leave (if not it would be part
of standard holiday) - However, when any of these days occur at the
beginning or end of a period of unpaid leave, they should not be
counted.
4 Time off
Time off for medical purposes
Medical appointments, including GP and dental appointments should
where possible be arranged during leave or scheduled time off, or an
attendance swap arranged. In exceptional circumstances where this is
not possible, maximum notice should be given of the need to take
time off from work, for which casual leave may be requested. Every
effort should be made to make arrangements which minimise the impact
on the business, for example by seeking an early or late
appointment.
Where regular medical appointments are necessary in respect of a
disability, this should be managed under the principles of Managing
Changing Capabilities. The manager, taking advice where necessary
from the OHS,should consider the need to make reasonable adjustments
to the individual's attendance arrangements. This adjustment can be
supported by one or more of the following options: paid special
leave; casual leave; use of annual leave; temporary reduction in
hours, flexible attendance according to the individual circumstances
of the application.
Applications for leave relating to hospital appointments required
for urgent diagnostic tests, consultations or emergency treatment
should be considered under paid special leave terms
5
Responsibilities
Line manager.
- Considers requests for special leave of one week or less,
authorises leave and ensures it is recorded in accordance with local
operational requirements.
- Raise a BT People System Special leave case to inform Accenture HR
Services of all special unpaid leave granted.
- Explains the conditions affecting any period of leave and any
additional impacts that taking special leave may have on pay,
pension, benefits etc.
- Record all requests and agreed periods of paid special leave
Second line manager or above.
- Authorises longer periods of leave, involving the HRBP in the
decision.
Accenture HR Services.
- Record all unpaid special leave and make any pay or pension
adjustments required as a result of the leave.
6 Statutory leave
Statutory leave - family
- Maternity Leave
- Paternity Leave
- Parental Leave
- Adoption Leave
Time off for dependants.
For more details on BT's approach to the care of dependants please
refer to BT's carers policy
Under the Employment Relations Act 1999 an employee is entitled to
take a reasonable amount of time off where necessary:-
- to provide assistance on an occasion when a dependant falls ill,
gives birth or is injured or assaulted.
- to make arrangements for the provision of care for a dependant who
is ill or injured.
- in consequence of the death of a dependant.
- because of the unexpected disruption or termination of
arrangements for the care of a dependant.
- to deal with an incident which involves a child of an employee and
which occurs unexpectedly in a period during which an educational
establishment which the child attends is responsible for them.
Most of these
issues are covered within BT's paid leave provisions.
Statutory leave - Other
Statutory rights to time off for public duties.
The Employment Rights Act 1996 requires that employees be permitted
time off (unpaid) to undertake specific public duties. The amount of
time off to be permitted and the occasions on which it should be
allowed are those that are reasonable in the circumstances giving
full consideration to:
- the amount of leave that is required both to perform the public
duty in question and also on the specific occasion in question.
- the amount of leave that has already been permitted for such
purposes, other public duties and/or trade union business.
- the operational consequences of the employee's absence.
Under BT's policy, such leave may be paid or unpaid.
Legislation covers employees who are:
- Justices of the Peace.
- members of a local authority, a regional or area health authority
or health board.
- members of any statutory tribunal.
- members of the managing or governing body of an educational
establishment.
- members of a water authority or river purification board.
Reasonable time off under the Act must be allowed for all JP duties,
for attendances at meetings of the bodies referred to above and any
of their committees or sub committees, and for the performance of
duties approved by the body in discharging its functions or by those
of its committees or sub committees.
Jury service.
Paid leave should be allowed for the duration of the Jury Service
(if a Juror's allowance is paid, BT pay should only cover the
difference) but only for days on which the person is required to
attend. On days when the person is not required to attend, normal
working should be resumed, similarly for part days, if practicable
to do so.
People summoned to serve on a jury must immediately inform their
line manager. The summons must be complied with unless an exemption
is granted by the Court. Exemption from Jury Service on the grounds
of inconvenience to BT should be claimed if unacceptable
inconvenience would be caused to the Company. In such cases, people
will be asked to apply to the Court to be excused on those grounds
and will be given a letter from their line manager in support of the
application.
Statutory leave taken as Paid Special leave
Type of leave Length What for Conditions
Public Duties 18 days a year For JPs (or equivalent) magisterial
duties and local government work. Although the Employment Rights Act
1996 places no obligation on an employer for payment to be made,
paid leave may be allowed provided such public duties are unpaid.
24 days in a year For mayors
6 days For water authorities.
4 days For governing bodies of a local education authority.
Political Purposes Up to 4 weeks To stand for Parliament (either UK,
Scottish, Welsh or European) During the election period up to the
day on which the result of the poll is declared. See discretionary
unpaid leave section for employees who are already elected for
Parliament.
7 Discretionary paid leave
Applications for paid Discretionary leave should be made to the
employees line manager. The line manager should consider the
individual circumstances of the application and decide whether paid
leave is appropriate and if so the number of days up to the maximum
levels shown below.
Paid leave is normally appropriate in the following circumstances,
but see -Conditions-:
Type of leave Length What for Conditions
FAMILY REASONS
Family Bereavement An unspecified amount of paid special leave but
normally at least 5 days would be offered Husband/wife, civil
partner spouse equivalent, same sex partner/spouse equivalent or
child.
(A spouse equivalent would be somebody who lives with an employee
and could reasonably be regarded as being in the same relationship
as a husband or wife.) In deciding the amount of paid special leave,
account should be taken of the closeness of the relationship that
the employee had with the deceased, whether or not the employee has
the responsibility for making the funeral arrangements, and if long
distance travel is involved
Family Bereavement Up to 5 days On the death of a close relative,
partner or same sex partner (i.e. somebody who has a special
relationship with, but does not actually live with, the employee.
e.g. a fiancé or fiancée, an immediate blood relative or equivalent,
e.g. parents, brother, sister, grandparent. Paid special leave may
also be appropriate on the death of a more distant relative, or
somebody who is not a relative, if the person had a special
relationship with the employee, e.g. somebody who shared a residence
with the employee, acted as a guardian, or performed the role of one
of the relatives listed above.
NB Additional discretional leave may be offered in circumstances of
on-going and severe bereavement /distress this may be on a paid or
unpaid basis
Nursing Sick Relatives Up to 2 weeks To nurse or care for a sick or
elderly relative Can be allowed for each case of illness
Urgent Domestic Problems Up to 5 days By their very nature, these
will vary considerably and cannot be precisely defined. Can be
allowed for each incident.
SOCIAL REASONS
First Aid Time needed for attending training courses or
participating in competition. BT First Aiders.
Annual training in the Reserve & Auxiliary Forces Up to 2 weeks
Attending training camps for annual training as an obligation of
membership of the reserve & auxiliary forces. NB - For Volunteer
Reserve Forces: Arrangements that apply during periods of National
Conflict - see replacement for ISIS PNL/EMP/A042
Sport & Recreation Competitors or officials at major national or
international competitions.
Voluntary organisations e.g. Special Constabulary, Mountain Rescue
and Lifeboat Service Employees may be allowed paid special leave to
serve in a voluntary organisation which provides a service to the
community.
Youth Leadership Training Up to 5 days leave in any 12 month period.
Attending youth leadership training courses, e.g., Scouting, Cadet
associations.
BT related/sponsored training and/or examinations Up to 1 days study
leave per exam paper and ½ day to attend each examination For
revision leave and/or to attend examinations BT full or part
sponsored training/study. BT related training
Investitures Commandment to attend an investiture or receive the
Duke of Edinburgh's Gold Award
Other reasons It is not possible to list every eventuality and line
managers may consider that a measure of paid leave is appropriate in
circumstances that are not listed here.
8 Discretionary unpaid leave
Applications for unpaid Discretionary leave should be made to the
employees line manager. Using the unpaid special leave form
available from the downloads section to the left of this page The
line manager should consider the individual circumstances of the
application and decide whether unpaid leave is appropriate
Unpaid leave is normally appropriate in the following circumstances,
but see -Conditions-:
Type of leave Length What for Conditions
SOCIAL REASONS
Political Purpose For a term of office up to 5 years For employees
who have been elected as an MP (either UK, Scottish or European) or
Welsh Assembly Member. Political Purposes - for employees who are
seeking election.
Overseas Voluntary Service For employees engaged in work of some
value to BT
Travel For employees who wish to take time off work to travel
Dependent on operational circumstances
Other reasons It is not possible to list every eventuality and line
managers may consider that a measure of unpaid leave is appropriate
in circumstances that are not listed here - see also paragraph 4.1.
9 Prolonged
unpaid leave
Prolonged periods of unpaid leave.
For detailed advice on a range of options and entitlements please
refer to the Newstart -Time Out - website
Where a lengthy period of unpaid leave is allowed, the following
must be explained to the individual concerned and recorded:
- any conditions attached to the leave.
- the fact that they may not be able to return to their existing
jobs.
- the changed conditions relating to their pension contributions
during the period of leave and the option which could be made
available to members of the BTPS (final salary pension scheme) of
electing to pay their own and BT's contributions. Members of the
BTRP (money purchase retirement plan) will resume contributions on
returning to work, or resumption of pay whichever is sooner. It
should also be made clear that the Inland Revenue would normally
allow continued membership of either pension scheme during a period
of absence only if there were a definite expectation of return to
work, if the individual did not become a member of any other pension
scheme, and for a maximum of three years only.
- local arrangements for keeping them informed of business
activities and developments.
- the acceptability, or otherwise, of foreign medical certificates.
- The impact of some types of unpaid leave on cumulative service
(available from the downloads section to the left of this page )
- the possible consequences of any failure to return to work on the
agreed date.
If an employee fails to return to work on the agreed date, the
circumstances should be investigated as fully as possible and
further action taken as appropriate under the rules and procedures
relating to sick leave, discipline, or abandonment of service.
Unauthorised absences or industrial action.
These will not count towards pension unless the individual elects to
pay both their own and BT's contribution.
10 Forms
Holiday
Record Card are available via the normal stationery process.
The unpaid special leave form is available from the download section
to the left of this page. To submit an authorised period of unpaid
special leave raise a case on the BT people system-
Requests for paid special leave should be agreed and recorded
locally by the line manager.
11 Process
The person requesting the unpaid special leave should download and
complete the application form then forward it to their line manager,
preferably by e mail.
It is the line manager's responsibility to create a case and attach
the application form and submit to Accenture HR Services. (ensure
all periods of leave are recorded locally.)
To create a case the manager must log into the BT People System then
select Manager Self Service > Create a Case
Then click the link Create Case on an Employee choose the employee
Next complete the appropriate details using special leave as the
category and then select the appropriate speciality type.
Use the Attach a File button to attach the completed form.
12 Contacts
Completed unpaid leave application forms should be attached to a BT
People System case or if no on-line access is available posted or
faxed to:
Accenture HR Services
PP RF10
Timbold
Drive
Kents Hill Park
Milton Keynes
MK7 6TT
Fax: 01908 356813
13 FAQs
Q1. I want some paid leave to care for my sick child. What do I do?
A1. You should discuss it with your line manager immediately. BT's
special leave policies already cover leave for nursing sick
relatives and urgent domestic problems and it is a statutory right
to take reasonable time off to make arrangements for the provision
of care for a dependant/child.
Q2. Under what other circumstances can I have urgent time off for my
dependants?
A2. BT's special leave policies already cover a wide range of
circumstances. The Employment Relations Act 1999 provides for
reasonable time off for the following circumstances:
to provide assistance on an occasion when a dependant falls ill,
gives birth or is injured or assaulted.
to make arrangements for the provision of care for a dependant who
is ill or injured in consequence of the death of a dependant.
because of the unexpected disruption or termination of arrangements
for the care of a dependant.
to deal with an incident which involves a child of an employee and
which occurs unexpectedly during term time.
Link
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