Kite Academy Trust Special Leave Policy
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1 Kite Academy Trust Special Leave Policy Policy Adopted: July 2016 Next Review: July 2017 Signature of Chair of Trustees: Signature of CEO: Signature of Chair of Governors: Signature of Head Teacher:
2 1. Statement of intent The Trustees of the Kite Academy Trust (KAT) recognise the importance of consistency, openness and equality in responding to requests from staff for special leave of absence for family and personal reasons. This policy recognises: the statutory entitlement to unpaid time off to attend to urgent matters related to dependants best practice which seeks to maintain good working relationships between staff and management the operational needs of the schools It is intended that this policy will provide a clear and workable framework to enable requests for leave of absence for staff working in schools to be reasonably and fairly handled. This policy recognises that the operational needs of the school are a priority and there may be times when the Headteacher has to refuse a request for leave. It should be noted that there might be occasions when circumstances arise not identified in this policy. In such circumstances the decision regarding leave of absence remains within the discretion of the Headteacher or Chair of Governors. 2. Time off for dependants The Employment Relations Act 1999 provides all employees with the right to take reasonable unpaid time off to deal with certain unexpected or sudden emergencies relating to dependants. What a reasonable time is off is not specified by the legislation and will depend upon individual circumstances, such as the nature of the incident; the closeness and level of dependency in the relationship and the availability of anyone else to help with the situation. The number of times that an employee can exercise the right to take reasonable unpaid time off to deal with emergencies also is not specified, but nor are employees entitled to take unlimited amounts of time off. Reasonable time off may be no more than a few hours although one or two days may be regarded as reasonable, depending upon the circumstances. For the purposes of the right to time off for dependants, a dependant is an employee's spouse, civil partner, child or parent or another person who lives in the same house as the employee other than as a tenant, boarder, lodger or employee. In addition, it includes anyone who reasonably relies on the employee for assistance or to make arrangements for care when that person falls ill or is injured or assaulted, and anyone who relies on the employee to arrange the provision of care. Staff taking time off under this right are requested to notify their Line Manager of their absence as soon as possible on the day they take time off or if possible to give notification in advance. Circumstances when an employee may take time off are:
3 If a dependant falls ill, or has been injured or assaulted When a dependant is having a baby To make longer term care arrangements for a dependant who is ill or injured. (See also section 4 on sick children) To deal with a death of a dependant To deal with unexpected disruption or breakdown of care arrangements for a dependant To deal with an incident involving the employee s child during school hours. (See also section 4 on sick children) 3. Compassionate leave The Academy recognises that employees may face difficult personal situations where they might need additional support from the organisation and therefore Paid compassionate leave is granted in the following circumstances: Sudden, serious illness of near relative, spouse or child up to 5 days paid leave. Death of a near relative, spouse, partner or child up to 3 days paid leave Funeral of a near relative, spouse, partner or child 1 day of paid leave Employees wishing to attend the funeral of other relatives, friends or colleagues may take unpaid leave at the discretion of the Head Teacher. In exceptional circumstances the Head Teacher has discretion to extend unpaid or paid compassionate leave. 4. Sick children It is recognised that it can be difficult for working parents to respond to the need to care for sick children. Staff have a statutory right to unpaid time off to make arrangements for the care of a dependant child. It is important to understand the distinction that this entitlement is only for unpaid time off to make other arrangements to care for a dependant child, rather than providing care directly for that child. Therefore it should not normally be necessary to take more than one day on each occasion. There is no contractual or statutory entitlement for time off, paid or unpaid, to provide direct care for a sick child. For seriously ill children please refer to section 3, compassionate leave. If it is therefore important that staff have appropriate arrangements in place to care for sick children. In exceptional circumstances the Headteacher may agree that a member of staff may take reasonable unpaid leave to care for a sick child.
4 5. Leave to attend significant events The Academy recognise that from time to time staff may have the opportunity to attend a significant social event during term time. Examples include: Graduation ceremony for a son or daughter Wedding of a close family member Funeral of someone who is not a near relative, spouse, partner or child Support staff who are employed full year have an annual leave entitlement and therefore may request paid annual leave for such events. Teachers and term time only staff do not have a leave allowance and are not usually allowed to take time off during term time. This policy enables these staff to take one day paid leave in order to attend a significant social event, up to a maximum of 2 per academic year. If the need for leave exceeds one day for the event, further days may be granted in exceptional circumstances (for example where long-distance travel is involved see below for extended unpaid leave) Staff must seek the express permission of the Headteacher for leave in advance of the event. The operational needs of the school will be considered before granting leave and there may be times when the Headteacher will need to refuse a request for leave. Approval will only be given in exceptional circumstances. Extended unpaid leave Where a member of staff requires extended unpaid leave during term time to attend a significant social event or celebrate a unique occasion (usually involving long distance travel) this request must be made in writing to the Head Teacher at least 4 months in advance of the required leave period to provide adequate time for consideration to be given to the operational needs of the school and alternative arrangements. In exceptional circumstances the Head Teacher may give approval of up to 2 weeks of unpaid leave at his/her discretion without setting any precedent for other requests to be accepted. The Head Teacher will make a decision based on the operational requirements of the school and the anticipated resourcing at the time of requested leave. As a guide a request for extended unpaid leave during term time will only be considered for a significant event, where an employee has been employed for more than 24 months, with a good record of attendance in the past 12 months. Requests for extended unpaid leave for more than 4 weeks will be considered within the schools Sabbatical policy. 6. Religious festivals Staff who wish to attend significant religious festivals which fall during school term time may request to take paid leave to attend the festival. Requests for such leave must be made to the Headteacher in advance of the event. The operational needs of the school will be considered before granting leave and there may be times when the Headteacher will need to refuse a request for leave.
5 Some religions require their followers to pray at certain times of the day, and managers should wherever possible allow their employees to take these times. Employees may request a quiet, private room for these times. Managers should allow both the time and the room wherever possible, as long as this does not cause significant problems for other employees or for the school. 7. Interviews All staff may take reasonable paid leave to attend selection interviews for jobs up to 3 in one year. Requests to take leave to attend an interview must be made to the Headteacher in advance of the event. The reasonableness of any request will take into account: The operational needs of the school The amount of time requested Any paid days leave granted for interviews in the previous 12 months 8. Other leave 8.1 Examination duties Teaching staff undertaking professional duties in connection with external examinations may take paid leave under the arrangements contained in Appendix 2 of the Conditions of Service for School Teachers in England and Wales. 8.2 Jury service Employees may take leave to undertake jury service. They are required to claim the allowance for loss of earnings from the Court and an equivalent amount will be deducted from the employee s salary. 8.3 Moving house Staff are encouraged if at all possible to make arrangements to move house during school closures. However, if this proves impossible, staff are granted one day of paid leave in order to move house. The Headteacher is permitted to ask for documentary evidence relating to why the move could not take place during school closures. 8.4 Medical and dental Appointments Employees are encouraged to make appointments outside normal working hours wherever possible. However if necessary paid time off to attend appointments will be granted. Staff attending such appointments must seek the permission of their line manager or Headteacher before attending. The Headteacher and Line Manager have the right to request to see appointment cards. Where an ongoing series of medical appointments are requested then the Headteacher will decide whether they will be paid or unpaid.
6 8.5 Time off to attend ante-natal appointments The Maternity Regulations provide the right for all women to take paid time off to attend antenatal care. Women staff must produce evidence of appointments if requested to do so by their line manager or Headteacher. 8.6 Candidate in Parliamentary and local elections Employees are granted time off in accordance with local conditions of service. 8.7 Trade union and professional association duties Staff undertaking recognised Trade Union or Professional Association duties are provided paid time off. The Academy in this instance agrees to the same time off as defined in the Local Authority facilities agreement. 8.8 National sporting fixtures Staff who participate as a national representative in sport are granted paid time off in accordance with local conditions of service. 8.9 To attend training camp as a member of the non-regular forces In the interests of the effective operation of the school staff are encourage, as far as is possible, to attend training camps during school closures. The maximum entitlement to leave for such purposes is 10 days paid leave.
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