Leave for Personal Circumstances Policy

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Version Control Title of Document Leave for Personal Circumstances Policy

Version No. 1

Document Owner Employee Relations Manager, Human Resources Division Division Responsible for Employee Relations, Human Resources Division Document Maintenance Date of Next Review Q4 2020

Name Role Date

Prepared by Catriona Haugh HR Advisory Associate Q1 2019 Reviewed by Brian Gallagher Head of Employee Relations Q1 2019 Reviewed by Alison Anderson Head of Human Resources Q2 2019 Approved by Operations Policy approver Q4 2019 Committee Distributed to Unite Staff Representative Q2 2019 Committee Distributed to SIPTU Staff Representative Q2 2019 Committee Distributed to Connect Staff Representative Q2 2019 Committee

Approval Framework/Authorisations

Description Relevant Approver

Marriage Leave HR Support

Family Illness/ Injury HR Support (Force Majeure)

Bereavement Leave Line Manager

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Contents

Introduction ...... 4 Purpose ...... 4 Scope ...... 4 Policy Statement ...... 4 Leave ...... 5 Illness or Injury (Force Majeure) ...... 5 Bereavement Leave ...... 8 Policy Review ...... 10 Roles and Responsibilities ...... 10 Contacts ...... 10 Policy Implementation Procedure ...... 10 Related Documentation ...... 11 Appendices ...... 12 Appendix 1: Application Form for Force Majeure ...... 12

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Introduction

There is a variety of circumstances where staff will take leave for personal circumstances. In many cases, such leave is provided for under legislation or aligned to practice in the wider public service. It is important that staff understand not only their entitlements, but also the supports that are available to them, and that they are accessible in a straightforward manner.

Purpose

The purpose of this policy is to set out the leave entitlements and facilities that are available to staff.

Scope

This policy applies to all Central Bank staff members1.

Policy Statement

The entitlements available to staff are set out under the following headings:

Marriage Leave Family Illness or Injury (Force Majeure) Bereavement Leave

1 Staff member refers to anyone who has a contract of with Central Bank of Ireland

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1. Marriage Leave

The Central Bank recognises that special leave is required at the time of a staff members’ marriage and thus provides additional flexibility in the form of marriage leave.

The Central Bank applies the provisions set out in Circular 06/2016: Special Leave with Pay on Marriage, the main elements of which are set out in this policy.

1.1 Marriage Leave Entitlement

In the year that the marriage takes place; a staff member can receive up to 5 days additional leave, subject to this not bringing their total allowance for the year above 27 days.

If a staff members’ annual leave allowance is already at 27 days or above, they will not be entitled to receive marriage leave.

1.2 Applying for Marriage Leave

To apply for marriage leave, staff should contact HR Support. The sight of the Marriage Certificate will be required to complete the application. As Marriage leave is applied retrospectively, the staff member will need to apply for annual/flexi leave to cover the leave whilst awaiting the Marriage Certificate.

2. Family Illness or Injury (Force Majeure)

The Act 1998, as amended by the Parental Leave (Amendment) Act 2006, provides Force Majeure leave (short-term paid leave) to support staff dealing with family emergencies, resulting from the sudden injury or illness of a family member where the staff member’s immediate presence is required and their absence from is essential.

The Central Bank applies the provisions contained in the Parental Leave Act 1998, and additional provisions set out in Circular 05/2010: Force Majeure and Other Urgent Family Reasons Leave, the main elements of which are set out in this policy.

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2.1 Force Majeure Entitlements: o A staff member may take up to three days force majeure leave over a twelve month period or up to five days over a 36 month period: o part days will be regarded as full days for the purposes of determining the maximum number of days that the staff member may take. o for atypical arrangements, Force Majeure2 may only be granted for days that the staff member is rostered to work. o Force majeure leave may apply in the following circumstances: o the reason is urgent and the staff member must act without delay, o there is no advance notice of the illness/injury and there is little time to either plan or manage it or to make alternative arrangements. o the need for the staff member’s presence is immediate and could not have been delayed due to the seriousness/urgency of the illness/injury. o Note: An event might be urgent on the first day, but not on subsequent days if the urgency has passed and therefore, force majeure may not apply beyond the first day. o Force majeure leave may be applied in relation to the following family members: o child or adopted child o spouse or partner o person to whom the staff member is in loco parentis o brother or sister o father, step-father, father-in-law, mother, step-mother and mother-in-law o grandparent o persons in a relationship of domestic dependency o Force majeure is paid leave and, during such absence, the staff member will be deemed to have been in employment o Force majeure leave cannot be treated as part of any other leave to which the staff member is entitled such as , maternity leave, adoptive leave, annual leave, or parental leave. o Where a staff member is on annual leave at the time of the unforeseen illness/ injury, they may apply to HR Support to have the relevant day(s) re-classified as Force Majeure3. If absent on any other form of leave (statutory or non-statutory), the staff member may not be granted Force Majeure.

2 Or Other Emergency Leave 3 Or Other Emergency Leave

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2.2 Applying for Force Majeure:

Due to the nature of force majeure leave, prior notice does not arise. A staff member should inform their Line Manager as soon as possible on the first day of absence. They should then make a formal application to HR Support, using the Force Majeure Application Form (see Appendix 1), as soon as is practical after the leave have been taken. This application should state the dates on which the leave was taken and the circumstances that required them to take the leave. HR Support will confirm to the staff member if their application has been approved.

2.3 Other Emergency Leave:

Other Emergency Leave refers to paid leave which may be granted on a discretionary basis. This may occur in circumstances where an immediate relative is seriously ill, or injured, and the immediate presence of the staff member is required (but force majeure leave is not applicable or has been exhausted).

In such instances, a staff member may be awarded up to a limit of 5 days in total in respect of a child or adopted child, spouse/ partner, a person to whom the staff member is in loco parentis, or any person in a relationship of domestic dependency. A limit of 3 days in total may be applied in respect of other immediate relatives4.

When combined with the staff member’s annual leave allowance and any force majeure leave taken, the total leave allowance in a given leave year should not exceed 27 days. Where the staff member has exceeded this limit and/or exhausted their annual leave allocation for the leave year, it will be at the discretion of the Head of Human Resources to grant emergency leave, taking account of the specific circumstances.

4 E.g. parent, brother, sister, grandparent, grandchild

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3. Bereavement Leave

Bereavement leave is intended to facilitate a staff member to attend the funeral services of immediate relatives and, where required, to make these arrangements.

The Central Bank applies the provisions set out in Circular 01/ 2017: Bereavement Leave in the Civil Service, the main elements of which are set out in this policy.

3.1 Bereavement leave Entitlements:

At the time of the bereavement, the following entitlements will apply:

o A staff member will be entitled to 20 consecutive working days bereavement leave in the case of the death of their spouse/partner, child/adopted child (including a child being cared for on the basis of ‘in loco parentis’) or any person in a relationship of domestic dependency. o A staff member will be entitled to 5 consecutive working days in the case of the death of other immediate relatives5. o A staff member will be entitled to 1 day in the case of the death of other relatives i.e. uncle, aunt, niece or nephew. In exceptional circumstances, where the staff member lived with the deceased at the time of their death, or has to take charge of funeral arrangements, this may be extended to 5 consecutive working days. o In the event of a stillbirth or prenatal death of a child after 24 weeks pregnancy, the father/spouse or cohabiting partner of the mother of the child will be entitled to 10 consecutive working days. o Where the staff member has to travel abroad to make funeral arrangements for an immediate relative, additional leave may be granted at the discretion of the Head of Human Resources.

Staff are not required to avail of the full entitlements set out above and may return to work sooner if they wish. For staff working an atypical arrangement, the application of bereavement leave will depend on whether they were scheduled to attend work on the days required.

5 Immediate relative being defined as father, step father, mother, step-mother, brother, step brother, half brother, brother in law, sister, step sister, half sister, sister in law, father in law, mother in law, son in law, daughter in law, grandfather, grandmother or grandchild of a staff member OR a similar relative of a cohabiting partner.

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Where the staff member is on annual leave at the time of the bereavement, they may request HR Support to substitute the leave with bereavement leave. Any other form of leave cannot be substituted with bereavement leave.

3.2 Recording Bereavement Leave:

On their return to work, the staff member can record the days of bereavement leave through HR Central.

Alternatively, a line manager can request that the leave be centrally recorded by HR Support.

3.3 Supports Available:

The Employee Assistance Programme (EAP) is available to all staff members and their immediate family should they require support. The contact details are available on the Central life (Culture & Environment – Wellness) page on Plaza.

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Policy Review

This Policy will be reviewed by the Policy Owner and approved annually at OpsCo.

Roles and Responsibilities

The following provides a definition of the individual roles of those participating in the Leave for Personal Circumstances Policy

Roles Responsibilities

Employee Relations  Policy Owner

HR Support  To assist staff members & managers with queries  To update the records of staff members where applicable

Staff Member  Adhere to all aspects of Central Bank’s Leave for Personal Circumstances Policy

Line Manager  Ensure that staff reporting to them adhere to all aspects of Central Bank’s Leave for Personal Circumstances Policy

Contacts

Any queries on the above, should be directed to HR Support, HRD ([email protected] or ext. 6888)

Policy Implementation Procedure

This policy is owned and reviewed by Employee Relations, Human Resources Division, and implemented by HR Support, Human Resources Division.

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Related Documentation

Document Reference Rationale

Circular Circular 06/2016: Special Leave with Pay on Further information Marriage Legislation Parental Leave Act 1998, as amended by the Further information Parental Leave (Amendment) Act 2006 Circular Circular 01/ 2017: Bereavement Leave in the Civil Further information Service Form Application Form for Force Majeure (Appendix 1) For completion

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Appendices

Appendix 1: Application Form for Force Majeure

To be completed by the employee who takes Force Majeure leave as soon as is reasonably

practicable after the leave is taken pursuant to section 13(3)of the Act. Staff Member Name:

Staff no:

Division:

Name of injured/ill person:

Relationship to employee:

Outline circumstances which necessitated

force majeure leave (Please provide as much detail as possible and include the nature of injury/illness):

Date(s) of force majeure leave:

EMPLOYEE DECLARATION I confirm that I have taken force majeure leave on the above mentioned date(s) because for urgent family reasons, owing to the injury / illness of the person specified above, My immediate presence at that person’s address was indispensable. I declare that the information given above is true and complete. Signature of Staff Member ______Date ______

T: +353 (0)1 224 6000 E: [email protected] www.centralbank.ie