Name of Organisation s3

[Name of Organisation]

LEAVE, TOIL AND FLEXIBLE WORKING POLICY July 2013 Contents Aim of this Policy...... 2 Annual Leave...... 2 Public Holidays...... 2 Holiday Notification...... 2 Termination of Employment...... 3 Time Off in Lieu (TOIL)...... 3 Responsibilities:...... 3 Procedures:...... 3 Flexible Working...... 4 Types of Flexible Working:...... 5 How to make a request:...... 5 Grounds for refusing a request:...... 5 Appeals process:...... 6 Unpaid Leave...... 6 Compassionate Leave...... 6 Domestic Incidents...... 6 Medical Appointments...... 6 Public Duties...... 6 Review...... 7 Y C I L O P

G N I K R O W

E L B I X E L F

L I O T

, E V A E L 7 7 Aim of this Policy This policy does form part of an employee’s Contract of Employment and may be reviewed and revised from time to time in line with current best practice and statutory requirements and to ensure that business needs are met.

Annual Leave The Annual Leave year runs from 1st April to 31st March for all employees.

All employees are entitled to 28 days [5.6 weeks] (pro rata for Part Time staff) inclusive of 3 of the public holidays, paid holiday per year from the date of commencement during the first year. After two (2) years' continuous employment, the employee will be entitled to a further one (1) day's paid holiday for each complete year of employment, up to a maximum of thirty five (35) days.

Staff are required to take up to [XXXXX] [number] days of their annual holiday entitlement between Christmas and New Year when the office closes. These days will normally be allocated between Boxing Day and New Year’s Day. Exact closure will be confirmed no later than the end of August each year.

In the first year of your employment your entitlement is at the rate of one twelfth of your Annual Leave (to the nearest half day) per completed month of employment. Leave may only be taken as it accrues during the Probationary Period.

Part Time staff are eligible to receive the above leave pro rata to the number of days or hours that they work. Temporary staff are eligible to receive the above leave pro rata to the number of months/weeks that they work.

No more than five (5) days can be carried forward from one leave year to the next and any leave carried forward must be taken by 31st May of the following leave year. Any special requests must be put to the Chief Executive in writing before the end of the current leave year.

Public Holidays In addition to Annual Leave all employees are entitled to the remaining (5) public holidays with pay. Currently the recognised (8) public holidays are detailed below:

New Year’s Day Spring Bank Holiday Good Friday Late Summer Bank Holiday Easter Monday Christmas Day May Day Boxing Day Y C I

An employee who works Part Time is entitled to pro rata paid leave for public holidays. A Part Time employee L may be required to work additional hours if the time taken off for public holidays is in excess of their pro rata O P

entitlement. A Part Time employee will be entitled to time off in lieu (TOIL) if the time off taken for public G N holidays is less than their pro rata entitlement. I K R All Part Time staff will receive a Public Holiday entitlement which will be calculated as follows O W

8(Hours Worked/35) = Pro rata Public Holiday entitlement (in hours) B I X E This entitlement will be added to their Annual Leave entitlement. When Part Time staffs are due to work on a L F

Public Holiday they should alternate the pattern in weeks containing Public Holidays. D N A

L Holiday Notification I O T

Leave should be planned in advance in conjunction with the Line Manager to ensure that departments have , adequate cover. E V A E L 7 7 A Leave Form should be signed by the appropriate Line Manager and returned to the employee to submit onto their Timesheet. Your Line Manager must be notified as soon as possible if there are any amendment to changes in leave already booked.

All requests for Annual Leave must be authorised by your Line Manager at least seven (7) days in advance where one (1) week or less is to be taken and fourteen (14) days in advance where two (2) weeks or more are to be taken at any time.

An employee wishing to two (2) weeks or more leave at any one time must seek the permission of a meeting of the Chair at least twelve (12) weeks in advance.

Ideally, every employee should take a two (2) week break at some point during the holiday year.

The rules relating to notification of holidays contained within the Working Time Regulations 1998 are specifically excluded.

Termination of Employment At the end of your employment you are entitled to be paid for any accrued leave not taken and a deduction will be made from your final pay for leave taken in excess of your accrued entitlement. On being given or giving notice you will, at [Name of Organisation] discretion, either be paid for untaken leave or you may be obliged by [Name of Organisation] to take remaining leave.

Time Off in Lieu (TOIL) [Name of Organisation] recognises that TOIL allows staff to respond flexibly to service needs. Where staff are required to undertake duties on behalf of [Name of Organisation] (including travel time) at the weekend or on a Bank Holiday they will be given TOIL for the additional days worked. This is done hour for hour calculation however exceptions may be considered if the event or trip involves working through the day and evening. Exceptions to this must be agreed by the Chief Executive. If on a trip which runs over a weekend but you are not working at the weekend there is no entitlement to TOIL.

Responsibilities:  TOIL is not a tool to be used to accrue time to enable extra days leave to be taken. Staff should generally carry out their duties within their contracted hours  TOIL is an exceptional rather than a routine occurrence. It is to ensure that when employees have to work beyond their contracted hours, this time can be taken back  Employees should plan work in advance and any TOIL that is to be accrued must be agreed in advance

with an employee’s Line Manager Y C I

 TOIL should not result in changes to normal contracted hours or arrangements, such as a particular L afternoon becoming a ‘TOIL afternoon’ O P

 TOIL cannot be accrued by an employee working through their lunch break G N  The scheme must be utilised in the best interests of effective service provision. This requires co-operation I K

between staff and managers to ensure adequate cover is provided as necessary R O W

[Name of Organisation] will not normally grant TOIL for extra hours worked during the ‘normal’ working week E L B

(i.e. Monday – Friday) unless the member of staff has received prior approval from their Line Manager. I X E L

Procedures: F

Planning D N A

 Staff must agree in advance with their Line Manager any time to be worked outside of contracted hours L and this time will be for specific, rather than ad hoc, pieces of work I O T

 Where an employee has agreed to work outside of their contracted hours, they should aim, where ,

possible, to adapt their existing contracted pattern (for instance, by coming in earlier or later to work E V

or working on a different day of the week) rather than accrue TOIL A E L 7 7 Accruing  Staff may accrue TOIL in multiples of thirty (30) minutes  Staff should not build up excessive amounts of TOIL. Staff will not accrue more than twenty-eight (28) hours in TOIL in each month, except in exceptional circumstances and with prior consent of the Chief Exec  An employee working on a weekend, if not part of their contracted hours, will accrue TOIL.  Staff may accrue TOIL if working longer than contracted hours when travelling to or from an event outside of the office. The employee’s normal travelling time to and from work must be subtracted from the total travelling time. A maximum of two (2) hours TOIL may be accrued in this way each day  Employees are responsible for completing their own TOIL recording sheet (Leave Sheet), which should be passed to the employee’s Line Manager for authorisation at each credit. The recording sheet will be monitored by the employee’s Line Manager and HR Taking  TOIL must be taken within the same month as accrued unless agreed in advance with the Line Manager. TOIL accrued and not redeemed in this way will be lost  The accounting period will be a rolling calendar month  Staff must obtain their Line Manager’s approval before taking any TOIL, for half (½) a day or more, by passing their TOIL recording sheet (Leave Sheet) to their Line Manager for authorisation and acknowledged on their Time Sheet  Any TOIL of less than half (½) a day can be authorised by the employee’s Line Manager and acknowledged on the their Time Sheet  On termination of employment, all TOIL must be at a zero balance. Employees will not be paid in lieu of accrued TOIL which has not been taken by the final date of employment. Any such accrued TOIL will be lost

TOIL should be taken as soon as possible and should be approved by Line Managers in the same way as Annual Leave. Applications for TOIL must be made using the Leave Form. This form must be forwarded to your Line Manager before, or as soon after, the TOIL day is taken and updated accordingly on your Timesheet.

Flexible Working Line Managers are responsible for managing the working hours of their staff and for considering requests for flexible working. [Name of Organisation] operates between 9:00-18:00 Monday-Friday. The [Name of Organisation] Building is open between [00:00] - [00:00] from [XXXXday] – [XXXXday] and as part of [Name of Organisation] flexible working staff may log working hours during that time only, exceptions are to be approved by the Chief Executive.

You have a statutory right to make a request to work flexibly if you either: Y C I

 Have responsibility for the upbringing of a child under 16 (or a child with a disability under 18) at the time of L O

the request P

 Are the mother, father, adopter, guardian or foster parent of the child G N I

 Married to, or the partner or civil partner of such a parent. (Same sex partners are also included); K R

 Are or expect to be caring for an adult and are the spouse, partner, civil partner or relative of the adult in O W

need of care or living at the same address. E L B You must be making the request to help care either for a child or adult and have: I X E L F  Been continuously employed by [Name of Organisation] for at least twenty-six (26) weeks D

 Not made another application for flexible working during the preceding twelve (12) months N A

As [Name of Organisation] wishes to support all staff in achieving a positive work-life balance, requests for O T flexible working will also be considered if you do not have caring responsibilities, but your request will not be , E

subject to the same statutory rights. All requests will be considered sympathetically but consideration will be V A

made of business needs and the effect your request may have on others’ working arrangements. If you do not E L 7 7 have caring responsibilities, [Name of Organisation] can refuse your request for any reason, not just those permitted under legislation (see “Grounds for refusing a request” below).

Types of Flexible Working: In your request for Flexible Working, you can ask for a change to the:  Hours you work  Times when you are required to work  Place you are required to work.

For example, you may wish to request to work part-time, only during term-time, or compress your hours so that you work your usual working week over fewer, longer days, or job-share with another person. Alternatively, you may wish to apply to work from home for some or all of your time, or to work an earlier or later day. You may also wish to work a more variable pattern of hours under a flexi-time arrangement or a combination of these different possibilities. Any Flexible Working request which is agreed will be a permanent change to your terms and conditions of employment, unless you agree a trial period.

How to make a request: If you would like to make a request for Flexible Working, you should submit a written request to your Line Manager. You may find it easier to discuss your intentions informally with your Manager before making the formal request. Your Line Manager and Chief Exec will consider your request and respond to you within twenty (20) working days either by:  Writing to you, agreeing to a change in your Contract of Employment, whether on a permanent or trial basis and from when  Setting up a meeting with you at a time convenient to within twenty (20) working days to discuss your request. If the Company is unable to accommodate the working pattern you request, alternative ways to help you will be considered.

If your Line Manager arranges a meeting, you may be accompanied by a work colleague who will be able to address the meeting, but not respond to any questions on your behalf. If your companion is unable to attend at the time suggested, an alternative time will be arranged as quickly as possible.

After the meeting, your Line Manager will respond in writing within ten (10) working days either to:  Agree the new pattern and start date, confirming whether on a permanent or trial basis, and any changes to salary, annual leave or other benefits  Confirm the compromise arrangements suggested, together with a new decision date  Explain why we cannot meet the request, and inform you of your right of appeal. Y C Grounds for refusing a request: I L

If your request is refused, you will be advised in writing by your Line Manager of the grounds for the refusal O P and given an explanation as to why those grounds apply in your situation. Permitted grounds under legislation G N

are currently: I K

 The burden of additional costs R

 A detrimental effect on the ability to meet client demand O W

 An inability to reorganise work among existing staff E L

 An inability to recruit additional staff B I

 A detrimental impact on quality X E L

 A detrimental impact on performance F

 Insufficiency of work during the period the employee proposes to work D N A

 Any planned structural changes. L I O T

Therefore, [Name of Organisation] would suggest you consider these areas when you complete our formal , request. E V A E L 7 7 If you are making a request but do not have caring responsibilities, your request will be considered but could be declined for a reason not outlined under legislation.

Appeals process: If you wish to appeal against a refusal, you must do so within fourteen (14) days of receiving the decision, by writing to the Chief Executive, stating your grounds for appeal. Another meeting will be held with a member of the Senior Management team within 10 working days to discuss your appeal. You may be accompanied to this meeting by a work colleague. The decision of the appeal meeting will be confirmed in writing to you within ten (10) working days of the meeting, stating the grounds for the decision. This decision will be final and there will be no further right of appeal.

Unpaid Leave Unpaid leave should only be used in exceptional circumstances and once your leave entitlement for that year has been exhausted. Any requests for unpaid leave should be approved by the Chief Executive.

Compassionate Leave Paid Compassionate Leave of up to three (3) days will be given for serious illness or death of a close relative, partner or friend which can be agreed by your Line Manager.

Any paid Compassionate Leave over three (3) days will be agreed with the Chief Executive. We will consider all circumstances and will ensure that the policy is applied consistently and fairly across the organisation.

Domestic Incidents [Name of Organisation] allows up to three (3) days with pay for staff who need to take urgent time off work to attend to a Domestic Incident. This leave will apply in emergency situations where it is not possible to put alternative arrangements in place. These may include such problems as burglary, burst water pipes or fire. Other occurrences may include problems with the employee’s child minder, or an emergency appointment for gas or electricity.

This leave is intended for emergency situations only and will not be granted in situations such as arranging for a home delivery. Any requests for Domestic Leave will need to be approved by your Line Manager.

Medical Appointments We would normally expect routine medical appointments such as planned visits to the doctor, dentist, optician or hospital to be taken in the employees’ own time or as near to the start or end of the working day as possible to minimise disruption. Y C I

Your Timesheet and Outlook Calendar should be completed to ensure that an accurate record of time is kept. L O P

Where employees are undergoing a course of treatment for a prescribed medical condition then the leave may G N I

be granted as Sick Leave. K R O W Public Duties E

All [Name of Organisation] employees are allowed paid time off work to be taken for public duties as set out L B under current employment legislation. This will apply if you are: I X E

 Called for jury service L F  A justice of the Peace, elected member of a local authority or member of a statutory tribunal D

 A member of a managing or governing body of an educational establishment which is maintained N A

by a local authority L I

 A member of a health authority or self-governing trust O T

If you have been asked to perform or are thinking about getting involved in any of these duties, you V A E L 7 7 should first discuss it with your Line Manager and obtain their permission before making a commitment.

If you are given the opportunity to receive any compensation for loss of earnings as a result of these activities, you should claim the maximum amount. Any recompense you receive, equal to or less than the salary you receive from [Name of Organisation] should be repaid to [Name of Organisation] as soon as it is received.

Review These procedures will be reviewed by the [Name of Organisation] Board of Trustees every three years, after consultation with employees or to accommodate alterations to current legislation, reforms or Employment Law. Y C I L O P

G N I K R O W

E L B I X E L F

L I O T

Approved by [Name of Organisation] Board: , E V A E L 7 7