JOSEPH SWAN ACADEMY

STAFF ABSENCE & LEAVE OF ABSENCE POLICY

Author Head Teacher

Date approved by Governors March 2014

Reviewed every 3 years

Date of next review

Signed by – name (………………………..) Signed:……………….……..

JOSEPH SWAN ACADEMY

Policies and Procedures for Staff Absence Due to Sickness

Introduction: The Academy is committed to developing and maintaining a positive attendance culture. It recognises its role in promoting a healthy and safe working environment. The Academy does not want to put the health and safety of yourself, your colleagues or students at unnecessary risk, but it expects you to attend work when you can. You can rely on the support of the Academy when you are not well enough to be at work. If you have medical appointments these, where possible, should be made out of working hours, unless it is an emergency. If you do have a medical appointment during your working hours, you should complete a Leave of Absence form available from the Main Office and provide an appointment card, or a letter to support the application. Absence through illness; procedures If you are not well enough to attend work you must:-

Contact Academy (Central Admin) by telephone on your first day of sickness absence, before 7.45am, so that cover can be arranged. You must state your reason for absence and how long you are likely to be off

Inform Academy of when you are returning to work so that plans can be updated in regard to cover

Maintain regular contact with the Academy and inform of any changes in circumstances

If your illness extends beyond 4 days you should inform Academy

If you fall ill on the last working day before a holiday you must advise Academy of when you are fit to return to work

Absence of more than one working week

If you are absent for more than a week, your line manager, will contact you regarding your welfare

If you are absent for over one month then a meeting will be arranged for you to come into Academy, or at a mutually convenient venue, to discuss the issues. These called SAR (Sickness Absence Review) meetings

For the first seven days of absence you are required to complete the LAs self-certification form (available from the central admin team). This form must be completed to cover the first seven days of absence, even if medical certificates have been submitted (Saturday, Sunday and holidays included).

If your sickness absence goes beyond seven days (Saturdays, Sundays and Academy holidays are included in the seven days), you must get a fit for work note from your doctor. You should send the fit for

work note to the main office (FAO Business Development Manager) no later than the eighth calendar day of absence. You have to provide fit for work notes for the rest of your period of sickness absence with no breaks. You may be asked to attend a medical examination with one of the Occupational Health Advisers or the LA’s doctor whilst you are absent.

If you are absent from work before a holiday and your illness continues into the next term, then you will require a medical certificate from your doctor.

If you wish to take holiday whilst absent due to sickness you must inform the Academy. Your application should also include written approval from your GP, which states the holiday will aid, not jeopardise, your recovery. Staff who are on long term sick leave and wish to take holiday should seek advice from the Head Teacher. Payment for untaken annual leave whilst absent from work (Associate staff only) At the end of your personal leave year you are not entitled to be paid your full period of contractual leave. The working time regulations state that you are entitled to be paid 4 weeks annual leave. However, if organisations have a provision to carry leave over to the following year then this would be done automatically and the four weeks reduced accordingly. Therefore, if you are in receipt of half pay or out of benefit and approaching the end of your personal leave year, and have not taken your holiday entitlement, you can request to be paid for a maximum of 15 days leave (the other 5 days would be carried forward to the following leave year).

Return to work interview When you return to work a return to work interview (RTW) will be carried out on the first day. The Head Teacher conducts RTWs for teaching staff and all other RTWs are conducted by relevant line managers. A return to work interview gives you and the Academy the chance to discuss your absence. Its purpose is to:

Make you feel welcomed and valued

Make sure you really are fit to return

Discuss why you were unable to come to work

Try to address any problem that may be causing or contributing to your absence

Identify any help you may need to get you back to full capacity

Agree workload priorities

Attendance Review meeting An Attendance Review meeting is more formal than a return to work interview. It will aim to agree a course of action to remove any concerns you or the Academy may have about your sickness absence. One possible outcome for example may be that you are referred to the LA Occupational Health Team for an appointment to offer support and guidance in attempting to improve your sickness absence record. Trigger points which will determine a Sickness Review meeting are:

3 or more separate periods of sickness over the preceding 12 months

2 or more periods of sickness, the aggregate total of which exceeds 12 working days, over the preceding 12 months.

JOSEPH SWAN ACADEMY

LEAVE OF ABSENCE POLICY

for Teachers and Associate Staff

The provisions outlined in this policy serve as a guide to the Head Teacher and the governing body in determining fair and reasonable practices for staff leave of absence. The policy aims to maintain consistent, positive practices to minimise the negative effects of absence on student’s learning and the imposition of increased pressure on colleagues. This may not entail identical decisions in all cases, as each individual case will be assessed according to circumstances. This Academy believes, as an organisation committed to providing equal opportunities for all, it should support flexible working practices. It seeks to help employees balance the demands of domestic and work responsibilities, particularly at times of urgent and unforeseen need, providing paid or unpaid leave as appropriate. When considering requests for leave of absence which require discretion to be exercised, the Head Teacher or Chair of Governors should have regard to fairness and consistency within the context of:

the operational needs of the Academy

the individual needs of the person concerned

the length of time requested

the amount of notice given Scope This policy will be applied to all employees of the Academy. Where the Head Teacher has requested leave of absence, the Chair of Governors will consider the request. Any appeals arising from the Head Teacher’s decision in relation to leave should be made through the Academy’s Grievance Procedure.

1 SCHEME

REASON

Days Entitlement

Pay

1.1 TIME OFF FOR DEPENDANTS Leave of absence should be granted in the case of any illness of a dependant. It is recognised that leave to care for dependants in special circumstances is legitimate and requests should be granted wherever possible. Leave to care for dependants who are seriously ill will only be approved where the individual is clearly dependent upon the employee to care for them. The following are dependants for the purpose of this Scheme:

A partner

A child

A parent

Anyone else who lives with the employee as part of the Family

Someone who reasonably relies on the employee for assistance

Up to 2 days per absence up to a maximum of 5 days per academic year

2 day paid 3 days Nil

1.2 BEREAVEMENT LEAVE To deal with the death of a close relative: for example to make funeral arrangements or to attend a funeral The entitlement in 1.1 will apply to other dependants who live with the employee as part of their family.

HT discretion, should not exceed from the day of the death to the day of the funeral

Yes

1.3 TIME OFF FOR URGENT DOMESTIC REASONS The term urgent domestic reasons cover a range of situations and occurrences such as a boiler bursting at an employee’s home or their house being burgled.

Up to 2 days

Usually Nil. GB/HT can grant paid leave

1.4 MATERNITY & PARENTAL LEAVE a) MATERNITY LEAVE

The leave entitlement and pay element is subject to the employee meeting the criteria of the Statutory/ Occupational Maternity Scheme. Consult the statutory and occupational scheme information for full details of amount of payments

Up to 52 weeks

39 weeks paid leave 13 weeks unpaid

b) ADOPTION LEAVE

Leave entitlement and pay as above subject to the employee meeting the criteria of the Statutory Regulations. Consult the statutory and occupational scheme information for full details of amount of payments

c) PATERNITY LEAVE

TEACHING

Employees with 26 weeks continuous service at the 15th week before the baby is born who Qualify for Paternity Leave will be entitled to 2 weeks leave paid as follows:

Pay element is as per Statutory Paternity Pay or 90% of weekly earnings whichever is the least, subject to meeting the criteria of the Statutory Regulations.

Leave to be taken within 56 days from the date of birth or adoption in a single block.

SUPPORT STAFF

The first week at full pay

The second week at SPP d) PARENTAL LEAVE

For each child who is:

Up to the age of 5

Up to 18 years of age when the child is disabled

Where the child is adopted, parental leave may be taken up to 5 years after the child is placed for adoption or until the child is 18 whichever is sooner

e) ANTE-NATAL CARE i.e. medical examination, midwife appointments, relaxation classes and parent craft classes. The Academy may wish to see evidence of appointments.

Up to 52 weeks 10 days 5 days 5 days Up to 13 weeks in total (18 weeks in the case of a child with a disability) and up to a maximum of 4 weeks per year. As required

39 weeks paid leave 13 weeks unpaid Full pay SPP Unpaid Yes

1.5 GRADUATION, INVESTITURE, etc

Awarded to immediate relatives. Discretion to be used in regard to relationship as detailed in 1.1 above.

Own graduation

1 day 1 day

Yes Yes

1.6 INTERVIEWS

Up to 2 days

Yes

1.7 EXAMINATIONS Sitting an approved examination, per exam.

Duration of exam

Yes

1.8 EXAMINATION STUDY LEAVE

Half day per exam

Yes

1.9 COURSES, MEETINGS, CONFERENCES Separate regulations exist for the payment of fees and subsequent expenses.

As approved

Yes

1.10 EXAMINERS All absences related to examining and moderating away from the place of employment.

11 days

Yes

1.11 GATESHEAD COUNCIL, MAGISTRATES, GOVERNORS & OTHER PUBLIC DUTIES Paid leave of absence will be granted subject to the exigencies of the service *Please refer to 2.3 Specific Issues note below

As required

*Yes

1.12 JURY SERVICE

As required Yes (less court allowance)

1.13 MOVING HOUSE In exceptional circumstances where a moving date cannot be arranged outside the Academy term.

1 day

Nil

1.14 PARLIAMENTARY ELECTION CANDIDATE/ AGENT

Local

GB & Europe

1 day Seek advice

Yes

1.15 ELECTIONS Granted to staff employed on polling day and at Count, in connection with the Local Authority.

As required

Yes

1.16 WEDDING

Own (if unavoidable in term time)

Immediate relative

Other

3 days 1 day 1 day

Yes Nil Nil

1.17 NON-REGULAR FORCES Employees having a commitment to attend Armed Forces annual training should, on request, be granted 2 weeks paid leave of absence. (Employees are encouraged, where possible, to arrange out of term-time).

10 days

Yes

1.18 TRADE UNION OFFICIALS *Please refer to 2.1 & 2.2 in Special Issues notes below.

*Reasonable

Yes

1.20 HEALTH SCREENING and Medical Appointments (Includes ante-natal see above under Maternity Leave) Employees are expected to arrange medical appointments outside normal working hours and requests for LOA may be refused Where this is unavoidable, employees will be required to produce evidence of the appointment and will be expected to return to duty as soon a possible following the appointment. There is also provision for employees with a disability as defined under the DDA Act 1995, to attend pre planned hospital and medical appointments. These absences include annual check ups, hospital and doctor appointments, treatments including counselling, surgery, and rehabilitation activities. As these absences are pre planned the employee must give reasonable notice.

As required (if necessary in working hours)

Yes

1.21 VOLUNTARY SERVICES OVERSEAS Governors may wish to agree that employees can be considered for Voluntary Services Overseas and, for further guidance, should contact the Children’s Services HR Team.

As agreed by Governors

1.22 RELIGIOUS FESTIVALS There is no legal requirement to paid time off, however requests must be given serious consideration by both HT and GB.

At discretion of HT/GB

Nil

1.23 COMPULSORY REDUNDANCY Employees serving notice have the right to paid leave and support where reasonable, each case to be considered on request.

Reasonable

Yes

2 SPECIFIC ISSUES

2.1 Trade Union Officials Current employment legislation requires an employer to permit an

employee who is an official of an independent recognised trade union to take reasonable paid time off to carry out industrial relations duties and to undergo training, Governors must determine what is reasonable, both generally and on specific occasions.

2.2 Trade Union Members Current employment legislation similarly requires the allowance of

reasonable absence (without reference to pay) for the purpose of taking part in a relevant trade union activity. Such absence might, for example, be for short training periods.

2.3 Public Duties The Authority would wish Governing Bodies to note that it subscribes to

the principle of staff undertaking public duties, and would recommend to Governors that they give approval to absence for these purposes wherever possible within the limits of the scheme. Employees that are elected as Councillors for other local authorities will be granted a reasonable time off to attend to their Council duties. Paid or unpaid leave is to be determined by Governors taking into account the operational needs of the Academy.

Employees elected as Councillors are restricted to paid leave of a maximum of 208 hours per year. - It is recommended that employees who are Academy

governors should have 8 half days per annum leave with pay; this time being subject to an overall maximum of 26 half days per annum with pay where an employee is a member of several governing bodies.

- 2.4 Discretion In determining the levels of reasonable absence where discretion

exists, Governors will wish to take into account other leave arrangements for the applicant.

2.5 Notice Where there is expected to be a pattern of requests for leave (e.g.

public duties, examining) it is reasonable for Governors to request that reasonable notice be given.

2.6 Term Time Leave As a general matter of principle, absence for holiday leave will not be

granted to teaching and support staff, as we believe that all staff should be available when Academy is open for children. However the HT and GB reserve the right to act with discretion should the need arise.

2.7 Exceptional Circumstances Advice is available from Children’s Services HR Team on matters not

covered by these recommendations. In order to achieve reasonable consistency of practice, it is suggested that Governors will wish to obtain such advice on other matters.

3 REQUESTS FOR PERIODS OF UNPAID LEAVE

Governors may receive applications from staff for unpaid leave. The

issue of whether leave is granted or not, or is with or without pay should generally be determined by reference to the adopted scheme. However, there are occasional circumstances, usually of a personal nature, where an extended period of unpaid leave may be granted.

Although it will be for Governors to determine these applications, they may find it helpful to seek the advice of the Children’s Services HR Team regarding both the nature of the leave, and the conditions upon which it may be possible to grant it.

4 APPLICATION OF THE SCHEME

It should be recognised as a matter of principle that Governors will

make every effort to adhere to the conditions relating to the leave of absence scheme and to granting leave in accordance with that scheme. However, it should also be recognised that from time to time the arrangements in an Academy may be such that requests for leave may have to be declined in order to maintain a proper educational service.