Administrative Instruction

Transcription

1 Administrative Instruction Date: To: From: File: Subject: 19 December 2012 All UNOPS Personnel Pierre Moreau-Peron Director, Human Resources AIJHRPG!2012/05 (rev. 1) Working Hours and Leave for Staff Members 1. I. I Introduction This Administrative Instruction summarizes, in alignment with the United Nations Staff Regulations, Staff Rules, UNOPS Organizational Directives and their associated Administrative Instructions, the working hours, official holidays and various leave provisions of a staff member under hislher Letter of Appointment, and the staff member's and his/her supervisor's relevant responsibilities. Applicability This AI applies to all UNOPS personnel appointed under the United Nations Staff Regulations and Rules. 3. Purpose of this revision 3. I The purpose of this revision is to revise the provision on core working hours (from six hours to five hours). 4. Final provisions 4.1 This revised AI is effective 1 January This AI supersedes and replaces AIJHRPG!2012/05 issued on 25 June AIIHRPG!2012!05 (rev. I): Working hours and leave for staff members (Effective Date: I January 2013)

2 1. Introduction Working Hours (Staff Rule 1.4) Official Holidays (Staff Rule 1.4) Overtime and Compensatory Time off (CTO) (Staff Rule 3.11) Annual Leave (Staff Regulation 5.1; Staff Rule 5.1) Home Leave (Staff Regulation 5.3; Staff Rule 5.2; AI/HRPG/2009/01 (rev. 1)) Family Visit (Staff Rule 7.1 and AI/HRPG/2009/01 Rev.1) Special Leave (Staff Regulation 5.2; Staff Rule 5.3) Rest and Recuperation (R&R) Travel (AI/HRPG/2009/01 (rev.1)) Sick Leave (Staff Rule 6.2) Restitution of advance annual and sick Leave (Staff Rule 9.10) Maternity Leave (Staff Regulation 6.2; Staff Rule 6.3) Paternity Leave (Staff Regulation 6.2; Staff Rule 6.3) Adoption Leave (Staff Rule 5.3) Administrative leave pending investigation and the disciplinary process (Staff Rule 10.4; OD 36) General release during severe weather or emergency conditions Time off for voting in elections Disposition of records on separation or transfer of staff members AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 2

3 1. Introduction 1.1. This Administrative Instruction (AI) describes working hours and leave provisions applicable to staff members. The granting of leave is subject to the exigencies of service and must be approved in advance by supervisors or other authorized officials. The personal circumstances of the staff member shall be considered as much as possible For the purposes of this AI, Head of Business Unit means the head of office in the duty station i.e. the Regional Director (in the Regional Office), the OC Director (in the Operations Centre), PC Manager (in the Project Centre) and the HQ Directors (in Headquarters). 2. Working Hours (Staff Rule 1.4) 2.1. For UNOPS Headquarters in Copenhagen, the standard working hours are 40 hours per week. The standard working hours are fixed as eight hours, Monday through Friday excluding a 30 minutes break for lunch. The Deputy Executive Director in consultation with Headquarters Directors and Heads of Business Units shall determine the core working hours. The core working hours shall be a minimum of five hours (including the 30 minutes lunch break) where the staff member must be present in the office or other approved work location 1. The core working hours are applicable to all staff members and shall be respected at all times subject to paragraph 2.3 below For duty stations outside of Copenhagen, UNOPS follows the UN Secretariat or lead agency s (UNDP or other) days of the week and the working hours that constitute the normal working week in each duty station, except where the Head of Business Unit may decide otherwise to meet exigencies of service. The core working hours of each duty station shall be defined by respective Head of Business Unit with his/her team evaluating the need of when core hours are needed for that specific duty station. The core working hours shall be a minimum of five hours (including lunch break) where the staff member must be present in the office or other approved work location. The core working hours are applicable to all staff members and shall be respected at all times subject to paragraph 2.3 below Any flexible working schedule with staggered hours requires the prior approval of the immediate supervisor and is subject to exigencies of service. The Work Life Harmonization policy (Organizational Directive No. 28 Policy on Work Life Harmonization and AI/OEC/2009/02 UNOPS policy on Flexible Working ) provides eligible individuals with several options to help them balance their responsibilities at work and at home For the purposes of this AI: Notification of Absence: A staff member unable to report for duty on a work day shall notify his or her supervisor and leave monitor of the fact within two hours after the beginning of the work day if it is possible to do so. Failure to give such notification without proper justification may result in personal consequences including disciplinary action; Any absence within a working day of more than two hours (excluding meal break) is counted as half-day annual leave, or half-day of unpaid leave (if annual leave is exhausted); Any absence within a working day of four hours or more (excluding meal break) is counted as one day annual leave, or one day of unpaid leave (if annual leave is exhausted); 1 The staff member working in another approved work location must be available during core working hours i.e. he/she must be available to be contacted on the telephone, s, skype, etc. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 3

4 Authorized absence of less than two hours which is made up by the staff member at a time mutually agreeable to the staff member and his or her supervisor need not be recorded Records of attendance shall be maintained by Leave Monitors and shall serve as a basis for salary payments No salary shall be paid as a result of unauthorized absence from work unless such absence was due to reasons beyond the staff member s control All utilized leave should be promptly reported in the Global Leave System. Leave Monitors shall ensure that all utilized leave by staff members is recorded appropriately in ATLAS within the set deadlines. 3. Official Holidays (Staff Rule 1.4) 3.1. There are ten UN official holidays per calendar year, including those mandated by the General Assembly, which shall be observed at all duty stations. When a mandated official holiday falls on a non-working day, the preceding or following working day which is closest to the holiday shall be observed as an official holiday The official holidays not mandated by the General Assembly shall be determined and aligned with those assigned by the UN Country Team in the duty station. 4. Overtime and Compensatory Time off (CTO) (Staff Rule 3.11) 4.1. Overtime shall be understood as the hours worked in excess of the scheduled workday/ scheduled work week or during any of the UN official holidays. The compensation for overtime shall consist of either compensatory time off (CTO), or where applicable and subject to the availability of funds, additional payment Staff member in the General Service (GS) category who is required to work overtime shall be given compensatory time off (CTO) or may receive additional payment subject to the provisions of this AI. Occasional CTO may be granted to national and international staff members serving in the professional and higher categories who have been required to work substantial or recurrent periods of overtime. (Overtime compensation through additional payment is applicable only to staff members in the General Service (GS) category.) 4.3. In the interest of the health of staff members and the efficiency of the service, supervisors shall not require eligible staff members to work more than 40 hours of overtime during a calendar month. All overtime work must be authorized in advance in writing by the eligible staff member s supervisor and the availability of funds must be certified if the payment option is considered The following examples inter alia, are not considered as overtime: Time spent travelling to and from the place of work; Work performed during the meal break period; Work performed outside regular working hours due to a shift system or staggered working hours except when the total time worked exceeds the scheduled workday or workweek; When working away from the office or worksite under a Work Life Harmonization Agreement. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 4

5 Working on a workday 4.5. Overtime of less than half hour on any day during the scheduled workweek shall be disregarded. Compensation for overtime worked on a working day shall be calculated to the nearest half hour In those duty stations where the weekly work hours are more than 40 hours a week for certain categories of staff members (for example, drivers, messengers and other custodial staff), overtime does not commence until the applicable hours have been worked. In duty stations where the weekly work hours are below 40 per week, overtime will accumulate only after 40 hours of work have been performed during that week CTO must be taken within four months following the date in which the overtime has been worked; unused CTO shall thereafter be forfeited. However, if it is ascertained that a staff member could not be authorized to use CTO because of exigencies of the service or sick leave, Head of Business Unit may authorize an extension of the four month period by up to two additional months. Unused CTO after the extended period is forfeited. Overtime approved as CTO cannot be converted to cash payment. Working on a non-workday 4.8. In exceptional circumstances, the Head of Business Unit may require all/some staff members at the duty station or particular location to work on a holiday that falls during a period of exigency. In that event, the Head of Business Unit shall set another working day to be observed as the holiday and the holiday falling during the period of exigency shall be treated as a normal working day When a staff member is required to be on duty on a day other than a regular scheduled workday, or on any of the ten official holidays, all hours worked on these days are treated as overtime, irrespective of the number of hours worked during the scheduled work week All staff members required to work on a non-workday will receive a minimum of four hours of applicable overtime compensation depending on contract types, as per the following rates, even if he/she worked less than four hours: UNOPS Headquarters duty station in Copenhagen: Saturday, at one and a half times normal rate; Sunday, at twice the normal rate; and Official UN Holiday, at twice the normal rate Other duty stations with working days and hours as per local conditions: Sixth day, at one and a half times normal rate; Seventh day, at twice the normal rate; and Official UN Holiday, at twice the normal rate When the Head of Business Unit requires staff members on general service category to work on a non-workday, in light of staff members well being, they must be encouraged to apply for compensation through CTO instead of compensation by additional payment. Away from duty station on official duty travel When a staff member is required to travel on official business, the working schedule should normally be organized in such a way as to avoid the need for overtime work while on mission. Travelling time All time spent travelling to and from a mission area will be counted as work hours but not overtime. Compensation for travel shall be granted as stated in AI/CSG/2010/02 (rev 1) AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 5

6 Official Duty Travel: UNOPS staff. Only drivers and security guards may exceptionally accrue overtime while performing their functions (e.g. driving, servicing, or accompanying a vehicle for servicing). Participants in a training event are not entitled to overtime. However, support staff members providing administrative support to the training event are entitled to overtime compensation. Part-time general service staff Part-time general service staff members required to work in excess of their regular schedule shall be compensated at equal time rate for additional hours worked up to the normal scheduled workday of full-time staff members. Thereafter, and for work required on the sixth or seventh day of the scheduled workweek or on an official holiday, staff members shall be compensated according to the conditions governing compensation for overtime work applicable to the duty station. 5. Annual Leave (Staff Regulation 5.1; Staff Rule 5.1) 5.1. Annual leave is provided for the purpose of rest from official duties and for attending to private matters. Absences not specifically covered by other provisions of this instruction shall be chargeable to annual leave to the extent that it has been accrued Annual leave may be taken in units of full days and/or half-days In order to ensure consistency and fairness when considering annual leave requests, Heads of Business Units are encouraged to request quarterly leave plans from each team member. Annual leave requests must be submitted well in advance in accordance with the unit s work plans for supervisor s approval, but usually no less than one week prior to the commencement of the proposed leave. If the leave is not foreseen (such as in personal emergency situation), the staff member shall give notice of the proposed leave as soon as possible Annual leave does not accrue during or with respect to the following: On special leave with partial pay or without pay exceeding one month (Staff Rule 5.3(e)); On administrative leave without pay pursuant to Organizational Directive No. 36 on UNOPS Legal Framework for Addressing Non-Compliance with UN Standards of Conduct ; Periods of sick leave with half pay, unless full pay status is maintained by having each half day of sick leave combined with one half day of annual leave or one half day of work; Periods in which the staff member receives compensation equivalent to salary and allowances for a service-related injury or illness under Appendix D to the United Nations Staff Rules; Periods in which a FTA is extended solely to enable a staff member to utilize an entitlement to: sick leave; maternity leave; adoption leave; or paternity leave; Periods of unauthorized absence; and In cases of payments for the following: accrued annual leave; lump sum in lieu of notice; or termination indemnity. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 6

7 For staff members holding Fixed-Term (FTA), Continuing (CA) and Permanent appointments (PA): 5.5. A staff member who holds a Fixed-Term (FTA), Continuing (CA) or Permanent appointment (PA) shall accrue annual leave while in full pay status at the rate of two and a half days per month, subject to paragraph 5.4 above and as follows: Accrual for annual leave for service commencing after the first working day of the month is as follows: (a) For service commencing on or before the sixteenth day of the month: two days of annual leave shall be credited for the calendar month. (b) For service commencing on the seventeenth day of the month or later: one day of annual leave shall be credited for the calendar month Accrual for annual leave for separation is as follows: (a) One day of annual leave shall be credited when a staff member separates on the first day through sixteenth day of a month. (b) Two days of annual leave shall be credited when a staff member separates on seventeenth of the month or later, but not the last working day of the month. (c) Two and a half days of annual leave shall be credited when service ends on the last working day of the month Since the purpose of annual leave is to provide a period of rest each year, no more than 60 days of accumulated annual leave can be carried forward beyond 31 st March of each year by FTA, CA and PA staff members. For staff members holding Temporary Appointments (TA) 5.7. A staff member who holds a Temporary appointment (TA) shall accrue annual leave while in full pay status at the rate of one and a half days per month, subject to paragraph 5.4 above and as follows: Accrual for annual leave for service commencing after the first working day of the month is as follows: (a) For service commencing on or before the sixteenth day of the month: one day of annual leave. For service commencing on the seventeenth day of the month or later: half- day of annual leave Accrual for annual leave for separation is as follows: (a) Half day of annual leave shall be credited when a TA staff member separates on the first day through sixteenth day of a month. (b) One day of annual leave shall be credited when a TA staff member separates on the seventeenth of the month or later, but not the last working day of the month. (c) One and a half days of annual leave shall be credited when service ends on the last working day of the month Since the purpose of annual leave is to provide a period of rest each year, no more than 18 days of accumulated annual leave can be carried forward beyond 31 st March of each year by TA staff members Special conditions of service for TA exceptionally extended beyond 364 days: A TA contract holder whose temporary appointment has been exceptionally extended beyond the initial period of 364 days pursuant to staff rule 4.12 (b) may accumulate and carry forward up to 18 days of annual leave beyond 31 st March of any year. Advance annual leave By authorization of the Head of Business Unit, an FTA, CA and PA contract holder may, in exceptional circumstances, be granted advance annual leave up to a maximum of ten days AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 7

8 provided that his or her service is expected to continue for a period sufficient to accrue the leave so advanced By authorization of the Head of Business Unit, a TA contract holder may, in exceptional circumstances, be granted advance annual leave up to a maximum of five days provided that his or her service is expected to continue for a period sufficient to accrue the leave so advanced. Unused and advance annual leave on separation or death of staff member An FTA, CA, PA contract holder separating from UNOPS who has not been able to exhaust the annual leave to which he or she is entitled shall be paid in respect of each day of unused annual leave up to a maximum of 60 days. An FTA, CA, PA contract holder who has taken advanced annual leave beyond that subsequently accrued shall either have the equivalent amount debited to his or her terminal payments or make a cash refund to UNOPS. In case of death of a FTA, CA, PA contract holder, payment in lieu of accrued annual leave shall be made to his or her designated beneficiary or beneficiaries A TA contract holder separating from UNOPS who has not been able to exhaust the annual leave to which he or she is entitled shall be paid in respect of each day of unused annual leave up to a maximum of 18 days. A TA contract holder who has taken advanced annual leave beyond that subsequently accrued shall either have the equivalent amount debited to his or her terminal payments or make a cash refund to UNOPS. In case of death of a TA contract holder, payment in lieu of accrued annual leave shall be made to his or her designated beneficiary or beneficiaries. 6. Home Leave (Staff Regulation 5.3; Staff Rule 5.2; AI/HRPG/2009/01 (rev. 1)) 6.1. Home leave is applicable only to internationally recruited FTA, CA, PA and TA contract holders who are serving outside their home country. Except for the allowable travel time, the number of days spent by the staff member on home leave is charged to the staff member s annual leave For eligibility, calculation and other details, see AI/HRPG/2009/01 (rev. 1) Entitlement Travel and, for staff members on TA, see also AI/HRPG/2009/04 Temporary Appointment. 7. Family Visit (Staff Rule 7.1 and AI/HRPG/2009/01 Rev.1) 7.1. Family visit travel expenses may be paid to: FTA, CA, PA, TA contract holders internationally recruited who serve and reside outside their home country FTA, CA, PA, TA contract holder locally recruited when they are on mission assignment away from their parent duty station For eligibility, calculation and other details, see AI/HRPG/2009/01 (rev. 1) Entitlement Travel and, for staff members on TA, see also AI/HRPG/2009/04 Temporary Appointment. 8. Special Leave (Staff Regulation 5.2; Staff Rule 5.3) 8.1. Special leave with full, partial or no pay may be granted at the request of a staff member holding an FTA, CA or PA with UNOPS, and for such period and under such conditions as described in this policy. Special leave is normally without pay. In exceptional circumstances, special leave with full or partial pay may be granted. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 8

9 8.2. Staff members holding a TA contract may exceptionally be granted special leave, with full or partial pay or without pay, for compelling reasons for such period as the Executive Director or his/her delegate deems appropriate pursuant to Staff Rule As required by United Nations Staff Regulation 1.2 (o), Staff members shall not engage in any outside occupation or employment, whether remunerated or not, without the approval of the Secretary General. Further, Staff Regulation 1.2 (p) specifies the circumstances under which such approval may be granted. Therefore, any outside activities including working under a non-staff contract (for example, individual contractor agreement, special service agreement (SSA), service contract (SC) or TA) with another United Nations entity while on special leave of any type must be approved in advance by the Director, HRPG. Such approval will be granted only in exceptional cases and provided that the experience acquired through the outside activity is beneficial to UNOPS when the staff member returns from special leave. Engaging a UNOPS staff member while on special leave on another TA or a new individual contractor agreement (ICA) with UNOPS is not permitted Special leave with full pay Special leave with full pay may be granted for the following reasons: (a) All UNOPS staff members previously approved for external learning under section 4 of AI/HRPG/2009/02 Learning and Development are eligible to apply for Special Leave with full pay. (b) (c) (d) Sabbatical leave may be approved for FTA, CA, PA staff members who have completed three years of continuous service with UNOPS. (See Organizational Directive 29 UNOPS Learning and Development and AI/HRPG/2009/2 Learning and Development.) Staff members participating in the Educational Assistance Programme may be allowed to take three days of Special Leave with full pay per semester for study purposes subject to conditions established in AI/HRPG/2009/02 Learning and Development. Special leave for examinations attendance (excluding UN language exams): See AI/HRPG/2009/02 Learning and Development. UN language examinations: For language proficiency examinations, only the day of the examination will be provided as leave with full pay, with no provision for additional advance preparation time (or two half days if the examination is scheduled on two separate half days). (e) Special leave for jury duty and other appearances in court Staff members serving on jury duty shall be granted special leave with pay for that purpose, in units of full or half days as certified by the court by the relevant Head of Business Unit. Court appearance on behalf of the UNOPS shall be recorded as official business. Court appearance as a party in the staff member s personal capacity and not on behalf of UNOPS shall be charged to annual leave to the extent possible and thereafter to special leave without pay. For court appearances as a witness in any other capacity, Director HRPG at Headquarters and the Heads of Business Units at other locations shall AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 9

10 decide whether the absence is to be charged to annual leave or special leave with full or partial pay or without pay, according to the circumstances of the case. (f) The Executive Director or his/her delegate may, at his or her initiative, place a staff member on special leave with full pay if he or she considers such leave to be in the interests of UNOPS Lien on post may be granted for staff members going on special leave with full pay approved in accordance with paragraph above Special leave without pay This special leave may be granted for training or research in the interest of UNOPS or for other important reasons, including but not limited to child care, serious illness of a family member, or death of an immediate family member. Normally, such leave shall not be granted until all accrued annual leave has been exhausted, except in the case of special leave to care for a child, serious illness of a family member or death of an immediate family member. Continuity of service shall not be broken during periods of special leave, which shall be credited for all purposes except as otherwise specified in this AI FTA, CA, PA staff members who have served in UNOPS for at least one year may be granted special leave without pay by Director HRPG (except for request under paragraph 8.5.4(d) below which must be approved by the Executive Director) subject to the exigencies of service. The request must be supported by the staff member s Head of Business Unit For staff members going on special leave without pay, lien on their current post may be requested and supported by the releasing unit manager, and is subject to the review and decision by the Director of HRPG both at the application stage, as well as at the extension stage of the leave (if applicable) Purpose of special leave: (a) (b) Special leave without pay for mother or father of newly born or adopted child (Staff Rule 5.3 (a) (iv)(b)) Special leave without pay for a period of up to two years may be granted to a FTA, CA, PA staff member who is the mother or father of a newly born or adopted child, with a possibility of extension for up to an additional two years in exceptional circumstances. In this situation the right of a staff member to be re-absorbed after the end of such special leave without pay shall be fully protected. Special leave without pay for development purposes (AI/HRPG/2009/02) This option allows staff members the opportunity to take unpaid leave to pursue learning opportunities for personal growth, acquire new skills and knowledge, dedicate time to, for example, language learning, perform voluntary service or travel: See AI/HRPG/2009/02 Learning and Development. Special leave shall not be authorized for Government Service, Political Office, Diplomatic or other Representation Post or for the purpose of performing any functions that are incompatible with the staff member s continued status as an international civil servant. In exceptional AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 10

11 circumstances, special leave without pay may be granted to FTA, CA, PA staff member who is requested by his or her Government to render temporary services involving functions of a technical nature. TA staff members are not entitled to special leave without pay for this purpose. (c) (d) (e) Special leave for military training or service (Staff Rule 5.3; Appendix C of the Staff Rule) Upon application, staff members holding FTA, CA, PA appointments, may be granted leave of absence for a period of up to the full duration of the military training or service required by their government. At the staff member s option, such absence shall be charged as either leave without pay or as annual leave to the extent accrued and thereafter to leave without pay. During any period of leave without pay for military training or service the provisions stated above shall apply. TA staff members are not entitled for this leave. Special leave for pension purposes (Staff Rule 5.3 (c)) The Executive Director may authorize leave without pay for pension purposes for a staff member who is within two years of reaching age 55 and 25 years of contributory service, or who is over 55 years of age and within two years of reaching 25 years of contributory service. Special leave in case of death or serious family emergency After uncertified sick leave and annual leave entitlements are exhausted, special leave without pay for a reasonable period including necessary travel time may be granted upon the death of a member of the immediate family of the staff member or in case of serious family emergency During any leave without pay the following conditions shall apply: (a) (b) (c) (d) Special leave without pay may be requested for a defined period of time, up to a maximum of 12 months. Extensions beyond 12 months will be reviewed and may be approved, on an exceptional basis, for a maximum period of an additional 12 months. The total period on special leave without pay should remain within a maximum of 24 months (except for special leave without pay approved pursuant to paragraph 8.5.4(a) above, which may be up to a maximum of 48 months). Special leave without pay is normally only granted up to the expiration date of the staff member s FTA or TA i.e. the period of approved special leave cannot be longer than the duration of the contract. Special leave without pay is exceptional. A request and approval for a second period of special leave without pay within a career would be considered highly exceptional. As a guiding practice, a staff member returning to active service from special leave without pay is expected to complete at a minimum two years of continuous service before applying for another period of special leave without pay. However, for highly compelling and personal reasons, on a compassionate basis, a second period of special leave without pay may be considered within the two year period. Approval of Special Leave of any type is dependent upon the nature of the request, operational necessity, availability of resources, replacements and the other interests of the organization. For staff holding UNOPS letters of AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 11

12 appointment for service limited to another organization, agency, fund or programme and administered by UNOPS on behalf of such an organization, agency, fund or programme, any requests for special leave (with or without pay) must be reviewed in consultation with the respective entity. (e) (f) (g) Coverage under any insurance provided by UNOPS shall cease unless the staff member pays both his or her own and UNOPS contributions under the appropriate insurance plan for special leave without pay of more than 30 calendar days. No credit shall accrue for purposes of pensionable service time unless the staff member pays both his or her own and UNOPS contributions to the UN Joint Staff Pension Fund for special leave without pay of more than 30 calendar days. No service credit shall accrue towards annual and home leave, salary increment, seniority, termination indemnity and repatriation grant during periods of special leave on partial pay or without pay exceeding 30 calendar days. Continuity of service shall not be considered broken by periods of special leave. 9. Rest and Recuperation (R&R) Travel (AI/HRPG/2009/01 (rev.1)) 9.1. The purpose of R&R is to periodically allow eligible individuals to recover, both physically and mentally, from the stressful working environment present in the designated duty station where they work. R&R also allows eligible individuals to stock up on basic goods needed for everyday life, which may not be available at the designated duty stations For eligibility, calculation and other details, see AI/HRPG/2009/01 (rev. 1) Entitlement Travel. 10. Sick Leave (Staff Rule 6.2) Individuals who are unable to perform their duties because of illness or injury or whose attendance at work is prevented by public health requirements will be granted sick leave with pay as specified below Staff members shall inform their supervisors of absences due to illness or injury at their earliest convenience and provide a medical certificate from a duly recognized medical practitioner stating that staff member is unable to perform his or her duties and indicating the probable duration of the illness Sick leave shall be recorded in units of days and/or half-days A staff member s maximum entitlement to sick leave shall be determined by the nature and duration of his or her appointment: TA staff members shall be granted sick leave at the rate of two working days per month An FTA staff member who has completed less than three years of continuous service shall be granted sick leave of up to three months on full salary and three months on half salary in any period of twelve consecutive months 2 ; 2 In the event that this entitlement is exhausted the UN Secretariat ST/AI/1999/16 on Termination of appointment for reasons of health shall apply. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 12

13 A staff member who holds a continuing appointment, or who holds an FTA for three years or who has completed three years or more of continuous service, shall be granted sick leave of up to nine months on full salary and nine months on half salary in any period of four consecutive years Certified Sick Leave: Any absence supported by a medical certificate from a duly qualified medical practitioner shall be considered as certified sick leave A total up to 20 working days taken cumulatively or consecutively during a twelve-month period may be approved as certified sick leave by the supervisor upon submission by the staff member of a certificate from a duly licensed medical practitioner After 20 working days of sick leave taken in accordance with paragraph 10.6 above, certification of further sick leave by the Medical Director or designated medical officer shall be required Uncertified Sick Leave/Family Emergency Leave: A staff member may take uncertified sick leave for up to seven days in an annual cycle starting 1st April of any year, when temporarily incapacitated for the performance of his or her duties by illness or injury up to three consecutive working days. Part or all of this entitlement may be granted to attend to familyrelated emergencies and/or obligations. Official use of uncertified sick leave is expanded to include absences to attend to family-related emergencies and/or obligations. Examples of family-related emergencies are: In the event of a death in the staff member's immediate family; or To take care of his/her child or an immediate family member who becomes ill, etc. The above list is non-exhaustive Sick leave during annual leave: A staff member who is sick for more than five working days in any seven-day period while on annual leave, including home leave, shall subject to the provisions of staff rule 6.2 (e), have that portion of his or her absence considered as sick leave upon presentation of satisfactory medical certification When, in the opinion of the UN Medical Director, a medical condition impairs a staff member s ability to perform his or her functions, the Director HRPG at Headquarters and Heads of Business Units at other duty stations may require that the staff member to absent himself/herself on sick leave and to seek treatment from a qualified medical practitioner. Return to work will be allowed upon submission of a medical fitness certificate duly cleared by the UN Medical Director A staff member may be required by his or her Head of Business Unit at any time to submit a medical report as to his or her condition or to undergo a medical examination by the UN medical services or a medical practitioner designated by the UN Medical Director Sick leave shall not normally be granted for maternity cases except where serious complications arise The termination of a staff member s appointment shall, from the date it is effective, terminate any claim to sick leave. 3 Ibid. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 13

14 Where further sick leave is refused or the unused portion of sick leave is withdrawn because the Director of HRPG is satisfied that the staff member is able to return to duty and the staff member disputes the decision, the matter shall be referred, at the staff member s request, to an independent practitioner acceptable to both parties in accordance with Staff Rule 6.2 (j) A staff member on sick leave shall not leave the duty station without the prior approval of the Director HRPG (for Headquarters based staff) or the Head of Business Unit (for other duty stations). 11. Restitution of advance annual and sick Leave (Staff Rule 9.10) On separation, a staff member who has taken advance annual or sick leave beyond that which he or she has subsequently accrued shall repay such advance leave by means of a cash refund or an offset against money due to him or her from UNOPS, equivalent to the remuneration received, including allowances and other payments, in respect of the advance leave period. 12. Maternity Leave (Staff Regulation 6.2; Staff Rule 6.3) All female staff members appointed under the United Nations Staff Regulations and Staff Rules are entitled to maternity leave for a total period of sixteen weeks on full pay Maternity leave should be requested in writing to the immediate supervisor at least three months prior to its start and the request should be accompanied by certification from a duly qualified medical practitioner or midwife stating the anticipated date of birth Annual leave shall accrue during the period of maternity leave. Pre-delivery period Maternity leave shall normally commence six weeks prior to the anticipated date of birth At the request of the staff member, supported by a certificate from a duly qualified medical practitioner or midwife that indicates that the staff member is fit to continue working, the immediate supervisor may permit the maternity leave to commence in less than six weeks but not less than two weeks before the anticipated date of birth A staff member who meets the requirements for a shorter period of pre-delivery maternity leave may request to combine maternity leave with half days of work during the period from the sixth through the third week preceding the expected delivery date. Prior approval is required for any such arrangement, and would be subject to exigencies of service. Post delivery period The post-delivery maternity leave extends for a period equal to the difference between the 16 weeks and the period prior to the actual date of birth, subject to a minimum of ten weeks If the pre-delivery period is more than six weeks, due to a miscalculation of the actual date of birth on the part of the licensed medical practitioner or licensed midwife, the staff member is allowed a post-delivery leave of no less than ten weeks At the request of the staff member, an earlier date of return may be permitted, provided a minimum period of six weeks following delivery has elapsed A staff member who has completed six weeks of post-delivery maternity leave may request to combine maternity leave with half days of work for the remainder of the maternity leave. Prior approval is required for any such arrangement, and would be subject to exigencies of service. Loss of maternity leave AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 14

15 When an eligible staff member does not exercise part of her maternity leave, she does not receive: payment in lieu of; or additional annual leave (AL) credit. Expiration of appointment If a decision is made not to extend the appointment of a FTA staff member, and her current appointment is due to expire during the period of maternity leave, the appointment will be extended to cover the full duration of the maternity leave Paragraph above does not apply in cases where the FTA appointment expires more than six weeks before the anticipated date of delivery When an appointment is extended solely to enable a FTA staff member to utilize her maternity leave entitlement, such extension will not give rise to any further entitlement to salary increment, annual leave, sick leave or home leave, but credit towards repatriation grant may continue to accrue if the staff member has not returned to her home country. In the event of death during the period of extension, the period prior to the staff member s death shall be taken into account in the determination of the death benefit For TA staff members: when the TA is due to expire during the maternity leave, the appointment will not be extended to cover the full duration of the leave. The staff member will be paid a lump sum in lieu of each day of unused maternity leave. Other considerations Maternity leave is not increased if the staff member has a multiple pregnancy In the unfortunate event that the child dies during or after birth, the staff member is entitled to the full duration of maternity leave. Time-off to breast feed Time off to breast feed infants up to two years old: Approximately 30 minutes, twice daily for the purpose of breastfeeding the infant or expressing milk The staff member s lunchtime should be included as one of the periods of time off If a staff member exceeds the allotted time off, the staff member must make up the difference Upon request from the staff, the supervisor may approve longer or more frequent time-off for breastfeeding or expressing milk. 13. Paternity Leave (Staff Regulation 6.2; Staff Rule 6.3) All male staff members appointed under the United Nations Staff Regulations and Staff Rules are eligible for paternity leave with full pay and allowances for a total up to four weeks. Internationally recruited staff members serving at a non-family duty station are entitled to up to eight weeks of paternity leave Paternity leave may be taken in either at one time or split in two times during the first 12 months from the birth of the child Eligible individuals must submit the request for paternity leave to the immediate supervisor at least three months prior to the expected start of paternity leave and the request should be AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 15

16 accompanied by a certification from a duly qualified medical practitioner or midwife stating the expected date of delivery or a copy of the child s birth certificate Annual leave shall accrue during the period of paternity leave. Loss of paternity leave When an eligible staff member does not take all or part of his paternity leave, he does not receive: payment in lieu of, or additional annual leave credit. Expiration of appointment If a decision is made not to extend the appointment of an FTA staff member, and his current appointment is due to expire during the period of paternity leave, the appointment will be extended to cover the full duration of the paternity leave Paragraph 13.6 above does not apply in cases where the FTA appointment expires before the date on which the staff member anticipates taking paternity leave When an appointment is extended solely to enable an FTA staff member to utilize his paternity leave entitlement, such extension will not give rise to any further entitlement to salary increment, annual leave, sick leave or home leave, but credit towards repatriation grant may continue to accrue if the staff member has not returned to his home country. In the event of death during the period of extension, the period prior to the staff member's death shall be taken into account in the determination of the death benefit For TA staff members: when the TA is due to expire during the paternity leave, the appointment will not be extended to cover the full duration of the leave. The contract shall not be extended solely in order to exercise the unused portion of the paternity leave, nor will there be payment of a lump sum for the full or partial benefit. Other considerations Paternity leave is not increased if the mother gives birth to more than one child In the unfortunate event that the child dies during or after birth, the staff member is entitled to the full duration of paternity leave. 14. Adoption Leave (Staff Rule 5.3) All male and female staff members appointed under the United Nations Staff Regulations and Staff Rules are entitled to adoption leave with full pay and allowances for a total up to four weeks. Internationally recruited staff members serving at a non-family duty station are entitled to up to eight weeks of adoption leave Adoption leave shall not be reduced by virtue of the fact that the staff member s spouse is a UNOPS or UN common system staff member Adoption leave may be taken either continuously or in separate periods during the year following the adopted child's arrival in the adoptive parent s home, provided it is completed during that year Eligible individuals must submit the request for adoption leave to the immediate supervisor at least three months prior to the expected start of adoption leave and the request should be accompanied: where there is statutory provision for adoption or prescribed court procedure for official recognition of customary or de facto adoption, by either: AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 16

17 (a) (b) the child's birth certificate (or, when it is impossible to obtain a birth certificate, other satisfactory documentary evidence of the birth of the child); and official documentary evidence of adoption in accordance with relevant statutory provisions, or formal recognition by prescribed court procedure of customary or de facto adoption of the child; or if legal adoption proceedings have been initiated but are not completed official documentary evidence that adoption procedures have been initiated and that pending finalization of the proceedings, the child is being entrusted to the staff member's care. Once adoption formalities have been completed, official proof that adoption has taken place must be provided; or where there is no statutory provision for adoption or prescribed court procedure for official recognition of customary or de facto adoption by: (a) the child's birth certificate (or, when it is impossible to obtain a birth certificate, other satisfactory documentary evidence of the birth of the child); and (b) a statement from the appropriate national authorities that legal adoption is not possible because there is no statutory provision for adoption or prescribed court procedure for official recognition of customary or de facto adoption; and (c) an affidavit or other appropriate formal statement from the staff member that the child will be residing with him/her and that he/she will assume the duties and obligations of a parent vis-à-vis the child. Once the child has arrived in the staff member s home, satisfactory evidence must be furnished to the effect that the child resides with the staff member and that a parental relationship has been established Adoption leave may be granted under the following conditions by the immediate supervisor: the child is a UNOPS-recognized dependent adopted child of the staff member; the child is less than 18 years at the time of adoption; the child is not a stepchild, brother or sister of the staff member; and the child had not been living with the staff member for twelve or more months Annual leave shall accrue during the period of adoption leave. Loss of adoption leave When an eligible staff member does not take all or part of his/her adoption leave, he/she does not receive: Payment in lieu of; or Additional annual leave credit. Expiration of appointment If a decision is made not to extend her/his FTA appointment, and the current appointment is due to expire during the period of adoption leave, the appointment will be extended to cover the full duration of the adoption leave When an appointment is extended solely to enable a FTA staff member to utilize his/her adoption leave entitlement, such extension will not give rise to any further entitlement to salary increment, annual leave, sick leave or home leave, but credit towards repatriation grant may continue to accrue if the staff member has not returned to his/her home country. In the event of death during the period of extension, the period prior to the staff member's death shall be taken into account in the determination of the death benefit For TA staff members: when the TA is due to expire during the adoption leave, the appointment will not be extended to cover the full duration of the leave. The contract shall not be extended solely in order to exercise the unused portion of the adoption leave, nor will there be payment of a lump sum for the full or partial benefit. AI/HRPG/2012/05 (rev. 1): Working hours and leave for staff members 17