Sometimes you may need to take time off work which you weren’t expecting. This section explains options for those circumstances.
Compassionate Leave
BMT Managers may, at their discretion, grant special leave of absence on compassionate or other grounds, with or without pay, depending on the circumstances of individual cases.
It is envisaged that time granted would be within the realms of 2-3 days or in some situations for up to a week.
Sensible discretions as to whether an employee can work from home or temporarily alter their working arrangements, pattern or hours can also be exercised. Each case will be decided depending on the circumstances and it will rarely be possible to make comparisons in view of sensitivity (and confidentiality). In making decisions concerning whether compassionate or special leave is appropriate, the amount of time to be given and whether it should be paid or unpaid, the BMT may wish to take account of factors such as the reason for the request, the likely duration, length of service, the effect of refusal on continued employment and any cover arrangements which might be made, together with the degree to which alternative working arrangements may be practicable given the situation and/or type of role.
When special leave of absence has been authorised, details of the absence and whether it has been approved with or without pay should be notified to the HR Team. If pay is impacted you should notify HR as soon as possible. As with all forms of absence it will need to be recorded locally on iTrent.
Parental Bereavement Leave Regs – Jack’s Law April 2020
This is for those parents who sadly experience the death of a child. Legislation coming into force in April 2020 provides entitlement to Parental Bereavement Leave. The statement below links to the legal provisions which are the minimum requirements however it is likely that MVDC will enhance leave and pay entitlements, therefore please contact your manager to discuss your options and how best you can be supported.
If you are a manager please seek advice from the HR team.
Parental Bereavement Leave Statement
Time off for Dependants
Time off for Dependents permits employees to take reasonable amounts of time off work to deal with unexpected or sudden emergencies and to make any necessary longer-term arrangements. The ’emergency’ must involve a ‘dependent’ of the employee. As the leave is to make alternative arrangements, it is only likely to be granted for a few days – during which all terms and conditions of employment will continue to apply.
Members of the Local Government Pension Scheme should seek advice from SCC Pensions in respect of an unpaid period of Time Off for Dependents leave.
Who is a ‘dependent’?
A ‘dependent’ is the husband, wife, child or parent of the employee. It also includes someone who lives in the same household as the employee such as partner, elderly aunt or grandparent. In cases of illness or injury, or where care arrangements break down, a dependent may also be someone who ‘reasonably relies on the employee’ for assistance and ‘arrangements for the provision of care’. This may be where the employee is the primary carer or is the only person who can help in an emergency.
What kind of circumstance constitutes an ’emergency’?
• If a dependent falls ill;
• If a dependent has been injured or assaulted;
• To make longer-term care arrangements for a dependent;
• To deal with a death of a dependent (though see Jack’s Law above for children under 18)
• Time off if a dependent dies and you need to make funeral arrangements or attend the funeral;
• To deal with an unexpected disruption or breakdown of care arrangements for a dependent;
• To deal with an unexpected incident involving the employee’s child during school hours;
• If a dependent goes into labour.
At the managers’ discretion, it may be appropriate for some of these circumstances to be supported through the Compassionate Leave arrangements initially.
Who is entitled to Time off for Dependents?
Every employee is entitled to take time off for dependents, regardless of working hours. There is no qualifying period of service required order to be entitled to take time off in an emergency. Employees are entitled to this right from their first day of work and there is no limit on the number of times an employee can be absent from work under this right.
How much time can be taken?
The employee is entitled to take a reasonable amount of time off as appropriate to the circumstances. It is intended to cover genuine emergencies. The amount of time that is considered reasonable will vary according to the circumstances of the emergency but it is likely that one or two days will be sufficient for the employee to deal with their particular emergency. The employee would not be entitled to take two weeks’ leave to look after a sick child as this provision is intended to help the employee to cope with a crisis – to deal with the immediate care of the child, visit the doctor if necessary, and to make longer-term care arrangements.
Will time off be paid?
There is no statutory right to be paid for time off for dependents. Managers have the discretion for the time off to be paid if it is considered appropriate in the circumstances however other solutions (such as making up the hours, working flexibly or remotely) can be explored.
Notification requirements
The employee must tell their manager, as soon as practicable, the reason for their absence and how long they expect to be away from work. It is not necessary to give notice in writing.
There may be exceptional circumstances where the employee either has to leave work or return before it has been possible to notify their manager. In these circumstances, the employee must still tell their manager as soon as practicable, advising the reason for absence and if they have not yet returned, how long they expect to be away from work.
If you are taking unpaid leave, on your return to work you should complete the Time off for Dependents Leave Form (below) and return it to HR as soon as possible so that the relevant adjustments can be made to the payroll system.
Monitoring Time off for Dependents leave
Abuse of the right to time off for dependents will be dealt with in accordance with the Disciplinary Policy and Guidance.