Chapter 2 - Special leave
Appendices
- Form - Application for special leave (not currently available)
- Examples of circumstances when disability special leave might apply |
- Further Information on disability |
- Voluntary public service |
- This chapter sets out the purposes and conditions on which special leave may be granted. There is no entitlement to special leave, but all applications should be treated sympathetically.
- Special leave may be granted (a) retrospectively if an application is made on return to duty and (b) before annual leave is exhausted since the main purpose of annual leave is to give staff a break from work and provide regular periods of rest and recuperation. These provisions do not affect management's discretion to decide whether or not a particular period of special leave is necessary or justified; or whether or not the demands of work permit it to be allowed.
- Special leave for part-time staff is approved on a pro-rata basis according to number of hours worked.
- Saturdays, Sundays, public holidays or privilege days occurring at the beginning or end of a period of special leave (with or without pay) should not be recorded as part of the period of special leave.
- No payment will be made in respect of Saturdays, Sundays, public holidays and privilege days falling within a period of special leave without pay.
- Where there is a prescribed limit to the number of days which may be taken as special leave without pay, Saturdays, Sundays, public holidays and privilege days falling within a period of such leave will not reckon towards the limit.
- Similarly a Saturday, Sunday, public holiday or privilege day falling within a period of special leave with pay will not reckon towards the limit. Where a public holiday and/or privilege day falls within a period of special leave with pay, the employee will not be entitled to a day off in lieu on return to duty.
- All applications for special leave should be made in writing to line management (Appendix 1), wherever possible in advance. Line management may approve applications for special leave, up to a limit of 10 days in any one annual leave period. This may be for one period or an aggregated figure. Line managers should indicate on the application form, the relevant paragraph of this chapter under which the leave has been approved or, alternatively, the reason(s) for refusing the application.
- Special leave in excess of 10 days in any one annual leave period must be referred to the Area Business Manager/HR Business Centre for HQ staff, for approval. In such cases, line management will recommend whether the application should be approved (in whole or part) or refused. All applications, including those approved/refused by line management, must be sent to the ABM.
- In HQ, line management will submit approved/refused applications through Heads of Directorates to HR Business Centre. Applications in excess of 10 days (either for one period or an aggregated figure) will be referred through HoDs to HR Business Centre for approval. Line management will recommend whether the application should be approved (in whole or part) or refused.
- When deciding/recommending whether or not an application should be granted, line management should take account of:
- the particular circumstances of the case;
- the degree of distress suffered by the employee concerned.
- A record of special leave should be maintained by ABMs/HR Business Centre for HQ staff.
- Approved special leave should be recorded on the applicant's leave of absence form.
- Applications for special leave for purposes not covered by this chapter should be referred through ABMs/HQ Directors to HR Business Centre.
- Special leave with pay, not normally exceeding 5 days, may be granted to enable an employee to deal with short-term domestic problems, as detailed in paragraphs 16 - 23, or to make satisfactory longer term arrangements for coping with those problems. Special leave without pay may be granted for longer periods according to the circumstances.
- Up to 5 days' special leave with pay may be granted on the death of a close relative -ie father, mother, brother, sister, husband, wife, son, daughter - or on the death of a partner where a stable relationship exists between two individuals who reside together though they are related neither by marriage or blood. One day's special leave with pay may be granted in the event of the death of another close relative - ie grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. One day's special leave with pay may also be granted on the death of a close relative of a partner (as defined above); ie the partner's father, mother, brother, sister, son, daughter, grandfather, or grandmother.
- Where there is also a responsibility for funeral arrangements, 5 days may be granted to an employee who is directly responsible for, and who actually undertakes, the arrangements for the funeral of a relative or partner (as defined above). This includes those who have responsibility as executor of the will. Such a period may overlap that allowed for the bereavement, but in any one case of bereavement, paid special leave may not exceed 5 days.
- In deciding how many days' special leave may be granted for a bereavement, it is the closeness of the relationship which should be borne in mind, not the distance to be travelled.
- An employee may be granted special leave with pay to nurse a sick child. This will not normally exceed 5 days. However, each case must be dealt with on its merits.
- Up to 5 days' special leave with pay may be granted for the short-term care at home of a close relative or dependant where, because of the nature of the illness/incapacity, it is necessary for the employee to be in attendance.
- Special leave with pay may also be granted for the care of a child when the parent or other adult who is normally responsible for looking after the child is suddenly taken ill.
- Except in the circumstances mentioned above, special leave with pay cannot normally be allowed where an employee wishes to stay at home solely for nursing purposes or to help with domestic tasks: in such an event a limited period of special leave without pay may be granted where an employee is unable to make alternative arrangements for the care of a relative.
- An employee who is experiencing domestic violence may be granted paid time off for absences of less than one day for such things as visits to solicitors, the police, courts, support organisations etc, or to make any necessary arrangements ie housing. If a day's absence is necessary, special leave with pay may be granted.
- Staff (excluding those on sickness absence) may be granted paid time off for absences of less than one day for occasional hospital/doctor/dentist appointments. If a day's absence is necessary, special leave with pay may be granted on production of an appointment card. If an employee chooses to be absent for a whole day when less time is required for the attendance, or when supporting evidence is not submitted annual leave, flexi-leave or unpaid leave may be granted as appropriate to cover the whole or part of the absence. Evidence of attendance(s) may also be required for a sequence of absences of less than half a day.
- Subject to the constraints set out above, special leave with pay may be granted for a day's attendance at hospital where the employee is accompanying a child, infirm relative or dependant.
- Up to a maximum of 5 days' special leave with pay may be granted to an employee undergoing in vitro fertilisation (IVF) treatment.
- Special leave with pay may be granted when an employee has been in contact with a notifiable infectious disease and has been advised to stay away from the office by the local Medical Officer of Health.
- Disability special leave is an example of a reasonable adjustment provided for under the Disability Discrimination Act 1995 (the Act). It allows reasonable absences during working hours for rehabilitation, assessment and treatment (where this is directly linked to the nature of the person's disability and is not sick absence in the general sense). If approved as disability special leave, absences of a day or more for rehabilitation, treatment and assessment count as special leave with pay and must be recorded separately from sick absence.
- Any disabled employee may apply for paid disability special leave. Disability is defined by the Act as:
- If a member of staff considers that they meet the definition of disability and wishes to record this on the personnel database (PIMMS) and has not previously done so, they should contact their HR Ability Adviser. All information will be treated as confidential and only a limited number of people within HR will have access to it. Information will not be disclosed without prior consultation and employees need not disclose the details of their disability to line managers. If the employee has not previously notified their HR Ability Adviser of their disability and is subsequently granted disability leave, they will be informed that their record will be updated on the personnel database.
- Disability special leave can be granted to cover the absence of a disabled employee for rehabilitation, assessment and treatment. Examples of circumstances within that broad framework are set out in Appendix 2. These examples are intended to be illustrative only and are not prescriptive or exhaustive. Each case is unique and will differ according to the nature of the person's disability and the circumstances. Disability in relation to employment is not static as the nature of jobs and disabilities can change over time. These changes will require sensitive discussion between the disabled employee and their line manager at appropriate stages about their needs. Where there is any doubt the advice of the HR Ability Adviser should be sought.
- Disability special leave is not the same as sick absence, which applies to everyone. Not all absence for disabled staff will be disability related. Sick absence is when a person is unable to work due to illness and disability special leave should not be used to cover periods of sickness absence. Disability special leave is more similar to the concept of leave for antenatal appointments or maternity leave. Sickness and disability are not synonymous but certain illnesses may be exacerbated by a person's disability and a disabled person might expect to have above average levels of sickness absence. Line managers have a duty to consider the effects of disability when considering managing attendance policies. Where an individual is absent as a result of something related to their disability but not from actual sickness (e.g. rehabilitation, training etc) this absence should be counted as disability special leave and not recorded on the individual's sick record. All sickness absences should be dealt with under the Sickness Absence procedures (see Chapter 3 of this Volume). If the sickness absence record of a disabled employee is giving cause for concern, line management should discuss the situation with an HR Ability Adviser at the earliest opportunity.
- Disability special leave may be taken to cover:
- short term absences such as occasional days;
- longer term absences of a number of weeks; or
- intermittent absences as part of an agreed pattern of part-time working during a period of rehabilitation.
- Application for disability special leave should be made in the same way as for other forms of special leave with pay, advice being sought from the HR Ability Adviser in the Service Centre where appropriate. Days applied for need not be consecutive if, for example, the special leave is to cover a known pattern of appointments. For longer periods of disability special leave, applications should be made to the ABM/HR Business Centre for HQ staff, via line management, giving details of the amount of disability special leave required and the dates to which it applies. Supporting evidence should be included where appropriate. In forwarding applications line managers should provide any further relevant information about the reasons for the application. Confidentiality must be maintained at all times. At every stage advice on whether or not the application should be granted should be sought from the HR Ability Adviser. Further sources of information regarding disability are set out in Appendix 3.
- Disability special leave should usually be applied for in advance. However, it may be applied for retrospectively to cover unpredictable absences. Retrospective applications may also be made to cover qualifying absences during the period 1 April 2004 to the date of issue of this guidance.
- Line managers are responsible for keeping a full and accurate record of their team's attendance. This includes special leave. Disability special leave should be treated in the same way as attendance records. All records information and papers on disability special leave, as with attendance records, must be treated in confidence. Line managers should discuss their contents only with those who have a genuine need to know. Information from or copies of the disability special leave record may be given to:
- the employee, on request
- the HR Ability Adviser
- Human Resources
- BMI (providing the employee's consent to the referral has been obtained)
- Counselling and Support Service
- a Trade Union representative who is acting for the employee.
- Up to 5 days' special leave with pay may be granted in the event of unavoidable severe damage or disruption to property - e.g. flood, fire, or burglary - necessitating the employee's presence at home.
- When an employee is required to move home as a result of a permanent transfer in the Department's interest, he/she may be granted up to 7 days' special leave with pay to cover a preliminary visit (or visits) and household removal. Special leave for preliminary visits should only be granted within 3 months of the expected date of transfer. Those eligible to apply are:
- married employees;
- single householders;
- single non-householders;
- staff who are the partners of other civil servants who themselves qualify for public expense transfer terms.
- Special leave with pay may be granted for attendance at meetings of the Civil Service Council for Further Education; the Council and Committee of Management of the Civil Service Benevolent Fund; the Council and Committee of Management of the Civil Service Retirement Fellowship; the Committee of Management of the Benenden Healthcare Society; the Management Committee of the Civil Service Sports Council and Committees of Management of the Civil Service Medical Aid Association.
- Up to 2 days' special leave with pay may be granted for attendance at conferences of the Benenden Healthcare Society and of the Civil Service Sports Council; where the time spent in travelling is such that an employee will require to be absent from the office for 3 days, an additional day's special leave may be allowed.
- Special leave with pay as above may be granted to an employee for attendance at meetings of the General Purposes Committee of the Civil Service Motoring Association, provided his/her annual leave allowance does not exceed 25 days.
- Time off may be granted for attendance at quarterly meetings of Local Committees of the Civil Service Benevolent Fund and the Civil Service Retirement Fellowship; Regional Councils and Regional Executive Committees of the Civil Service Sports Council; and Departmental Committees of the Benenden Healthcare Society.
- Other special leave granted for the business of these societies should be without pay.
- An employee who is called upon in his/her official capacity to give evidence in criminal or civil proceedings, in a coroner's court, or to attend another outside body as a witness or in some other capacity, is regarded as being on official duty. In addition to normal pay he/she is entitled to travelling and subsistence allowances and to payment for travelling time. Any sums recovered from the outside sources should be handed over to the Department.
- An employee, who in his/her private capacity appears as a witness in a criminal or coroner's court, may be granted special leave with pay and may retain any travelling and subsistence allowances received from the court. He/she should not claim, or accept, any compensation for loss of earnings. An employee appearing as a witness in civil proceedings in a private capacity may be granted special leave without pay or annual leave. He/she may retain any travelling and subsistence allowance received from the court and, where special leave without pay has been given, any compensation for loss of earnings or other sums payable by the court or any party to the action.
- Special leave with pay should be granted to allow an employee to attend an Employment Tribunal hearing of their own claim or to attend as a witness at any Employment Tribunal hearing. The entitlement to special leave will cease, in the case of a witness, once he/she has completed his/her evidence and been released by the tribunal, and he/she will be expected to return to work on his/her next normal working day.
- A member of staff who wishes to represent or support a colleague who is taking action or is the subject of an action in any court or tribunal should be granted annual leave. Approval of requests for annual leave will be limited to the period of necessary attendance - i.e. the person representing or supporting a colleague will be expected to return to work on his/her next normal working day after the conclusion of the hearing - and restricted to one colleague only. Requests must be submitted in advance, giving reasonable notice. These provisions do not apply to trade union accredited representatives who, in accordance with the facilities agreement, may represent their members at any of the above hearings.
- An employee who appears as a Chairman or Member of an Employment Tribunal, may be granted up to 30 days' special leave with pay and may retain any travelling and subsistence allowances received. The member of staff must not claim, or accept, any compensation for loss of earnings.
- An employee who secures any type of judicial appointment, as set out in paragraph 50 below, and wishes to carry out their duties in normal working hours, may be granted up to 30 days' special leave with pay and may retain any travelling and subsistence allowances received from the other Department/public body concerned. The employee must not claim or accept, any compensation for loss of earnings.
- Employees who carry out their judicial or employment tribunal work outside normal working hours e.g by sitting at weekends, or during annual leave or flexi leave, may receive payment from the public body concerned. However, they must also notify their line manager of their hours worked, so that the Department's obligations under the Working Time Regulations can be fulfilled. It is the individual's responsibility to inform the Inland Revenue of their appointment.
- legally qualified chairs of tribunals- except those that have an actual or apparent connection to CPS business eg Police appeals tribunals;
- Recorders in civil work - except in matters that concern the CPS;
- Deputy District Judges (Civil) - except in matters that concern the CPS;
- Deputy Masters and Registrars of the Supreme Court; and
- Assistant Judge Advocates General (Army and Royal Air Force).
- Once an appointment is secured they must inform their ABM/HQ Director and the HR Policy and Strategic Resourcing Team in the HR Directorate.
- Requests to undertake voluntary public service must be made in accordance with the guidelines set out in Volume 2 Chapter 1. Where there may be a conflict in the public view between an employee's official duties and his/her unofficial duties, the application will be refused. If approval is given, special leave with pay may be granted to serve on any of the bodies, and within the limits, set out in Appendix 4.
- If permission is given to undertake voluntary public service with a body not listed in Appendix 4, special leave with pay may be granted. The annual limits set out in Appendix 4 should be used as a guide for determining the amount of special leave which should be granted - i.e. similar time off allowed for bodies of comparable status. In cases of doubt, the organisation or body concerned should be contacted for an indication of the requirements and time off needed to pursue effectively the voluntary public service.
- Staff should neither claim or accept attendance fees on any day for which they have been given special leave with pay.
- One week's special paid leave may be granted for an initial training course to members of the Auxiliary Coastguard Service or the RNLI.
- One day's paid leave may be approved solely for the purpose of voluntary activity within the community.
- The leave is intended to encourage staff to share their time, knowledge and skills with the voluntary sector in a positive and structured way. This can be done in a variety of ways such as helping out in a residential home for the elderly, reading to the blind, being a classroom assistant for the day, or assisting in a charitable organisation for the day. Organisations that may be included are, for example, the Citizens Advice Bureau, the People's Dispensary for Sick Animals, the Red Cross, the Royal National Institute for the Blind and the Royal Institute for the Deaf.
- Care should be taken to ensure that any voluntary activity undertaken should not conflict with the business of the department.
- Applications should be made in isolation and not in conjunction with special leave provisions for any other voluntary activities.
- Winners of the Duke of Edinburgh's Gold Award may be granted special leave with pay, up to 2 days where necessary, for attendance to receive the award.
- Special leave with pay may be granted to an employee who (a) qualifies for the final of an individual Civil Service sports championship; (b) is selected to represent the Civil Service in team events or is a selector or manager of such a team; (c) is selected to participate in international events including the Olympic and Commonwealth Games, is a selector/team manager for such events or is chosen by the appropriate body to be a match official - i.e. umpire/referee.
- Leave granted for (a) can cover time necessarily spent in travelling to and from the final and competing in it. Leave granted for (b) is restricted to teams which represent the Civil Service as a whole and does not mean involvement in Area CPS teams or any other local or regional Civil Service team. Special leave with pay for (a) and (b) should be restricted to 5 days in any one period of annual leave.
- Full-time members of staff may be granted special leave with pay for training with the Reserve Forces. Special leave, paid or unpaid, will not, however, be granted for employees intending to serve with the Military Police. Regularly employed part-time members of staff may also be granted special leave but Civil Service pay received during the training period should not exceed the pay due for the equivalent period of part-time employment. Employees on fixed term appointments of 12 months or less should not be granted special leave.
- Special leave with pay may be granted for periods of reserve training of 15 days or more up to a limit of 8 days in a training year. Working days spent on training which exceed this limit should be treated as special leave without pay unless annual leave is taken. Where the annual training falls below 15 days the allowance of 8 days should be reduced proportionately.
- An employee whose annual leave allowance is less than 30 days and who, in addition to normal annual training, attends special courses or exercises may be allowed up to a further 5 days' special leave with pay in any one leave year provided that the total of (a) annual leave; (b) special leave with pay granted under paragraph 15; (c) special leave with pay granted under this paragraph; (d) special leave with pay granted for Cadet Forces training under paragraph 67; and (e) special leave with pay on special occasions (e.g. Royal visits) in which members of the Reserve Forces participate, does not exceed 7 weeks.
- All applications for special leave for Reserve Forces training should be made at least two weeks in advance and staff must state whether they wish all or part of a training period not covered by special leave with pay to count against their annual leave allowance.
- Full-time staff, except fixed term appointments of 12 months or less, who are members of, or instructors or employees in, the cadet forces (e.g. Air Training Corps, Sea Cadet Corps) may be granted up to 5 days' special leave with pay in any one leave year for attendance at camp or special instructional courses provided they are held under naval, military or air forces auspices. Commissioned employees of the cadet forces who are required to undergo a course in addition to attending annual cadet camp may be allowed special leave with pay for the course within the limits set out in paragraph 65.
- Regularly employed part-time staff may also be granted special leave with pay but Civil Service pay received should not exceed the pay due for the equivalent period of part-time employment.
- The amount of pay (as distinct from allowances in lieu of accommodation or of rations) received during attendance at a cadet camp or course for which special leave with pay is granted, should be deducted from the civil pay of members (but not instructors or employees) of the cadet forces.
- Staff who are free to stand for Parliament may be allowed one calendar month's special leave, with pay, during the period of an election. This special leave cannot, however, continue beyond the date on which resignation takes effect. All applications must be forwarded for approval, through line management, to ABMs/HR Business Centre for HQ staff. For further information on political activities see Volume 2 Chapter 2.
- For staff being sponsored by the Department, special leave with pay for activities such as occasional daytime tutorials, pre-examination revision and examinations may be granted, as follows:
- Degree courses, Common Professional Examination, Diploma in Law and courses of equal length and rigour: up to a total of 30 days. Special leave should be allocated on a proportionate basis where an employee is completing only part of a course;
- GCE 'A' Level and equivalent courses: up to a total of 10 days;
- GCSEs and equivalent courses: up to a total of 5 days.
- For staff being sponsored for examinations leading directly to qualification as a Solicitor or Barrister (Common Professional Examination; Diploma in Law; Law Society and Bar Finals) special leave with pay may be granted as follows:
- Day Release at College: a maximum of one day per week to attend college plus the additional study leave given at 71 above;
- Full-Time Study: full-time study leave to attend college for the duration of the course of studies. Students are expected to return to work during the long summer vacation, as required during the other vacations, and to return to full time work once examinations have been taken.
- In the event of failure to obtain a qualification at the end of the year of study, the Department may approve financial assistance towards the cost of the examinations to be retaken. If such assistance is approved, special leave with pay may be granted for the number of days required for examinations. If the examinations are failed a second time, no further special leave with pay will be granted.
- Day release at college may be granted for courses leading to graduate membership of the Chartered Institute of Personnel and Development.
- Staff not being sponsored by the Department are not eligible for special leave.
- Time off for Trade Union duties and Industrial Relations activities is covered in Volume 6 of the Personnel Management Manual. Time off for Health and Safety representatives is incorporated in the Health and Safety Manual.
- Special leave without pay for a specified period of up to 5 years may be granted by ABMs/HR Business Centre for HQ staff where an employee wishes to pursue his/her career in a different form:- this should be by way of application for an interdepartmental vacancy or via an external application. The position may be with some other organisation or body either in the UK or abroad. The nature of the work should be of value to the Department in the longer term and, most importantly, a post must be available for the employee on his/her return. Applications should not be approved unless there is a reasonable and realistic prospect of this.
- An application to extend a period of absence of less than 5 years must be made in writing at least three months before the absence is due to finish. The application will be considered by the ABM/HR Business Centre for HQ staff. If the application is refused, the employee must return to the Department on the date originally agreed. If the application is agreed, the employee will be informed in writing and notified of the new return date. Failure to return from a period of special leave after an agreed date is a breach of contract and the Department will instigate termination proceedings.
- Special leave without pay may also be granted in the circumstances set out in the following paragraphs.
- To take up full-time scholarships or bursaries of up to one year where it is considered that the work to be undertaken during the period of absence will be of value to the Department; taking into account the current staffing needs, the potential of the employee concerned and the nature of the course to be undertaken. Special leave under this heading will be granted only once.
- When voluntary transfer involves removal of the home, up to 3 days' special leave without pay may be granted.
- Special leave without pay is available during school holidays for employees who have children of school age. The employee's annual leave allowance will be taken into account and whether or not it has been possible to make other arrangements for the holidays. Where employees are allowed special leave without pay in these circumstances, they will be expected to take at least part of their annual leave during the school holidays. The opportunity to work part-time, or an agreed rearrangement of working hours, may be granted as an alternative to special leave without pay if that is preferable both to line management and to the employee concerned.
- Staff (male and female) who have been employed for 12 months or more are entitled to 13 weeks' parental leave on the grounds of the birth or adoption of a child to enable them to take care of that child. The entitlement is available for each child, and can be taken before the child's 8th birthday.
- Each parent has an entitlement to leave, but one parent cannot transfer their entitlement to the other.
- Parents of a disabled child are entitled to 18 weeks parental leave for each child with a disability. Parental leave may be taken up to the child's 18th birthday in the case of a child with a disability. (A disabled child is one for whom disability living allowance has been awarded.)
- In cases of adoption, parental leave may be taken up to 8 years after the child is first placed with the family for adoption or until the child's 18th birthday if that is sooner.
- ABMs should ensure that a copy of each application for parental leave is forwarded to the HR Business Centre for record purposes.
- Staff in the politically free or intermediate groups who have been given departmental permission to take part in national political activities may be granted up to six weeks' special leave without pay to serve as political agents to candidates or bona fide prospective candidates in parliamentary elections. Applications should be forwarded for approval, through line management, to ABMs/HR Business Centre for HQ staff. For further information on political activities see Volume 2 Chapter 2 of this Volume.
- The effect of special leave without pay on individual conditions of service is set out in the following paragraphs.
- Employees must have completed at least six months' service in their level/pay band by the date an award is due to be eligible for payment of that award. Any period of No Pay, including special leave without pay, will be discounted for the purposes of establishing the employee's eligibility.
- Special leave without pay neither qualifies nor reckons for pension purposes. However, for staff with at least two years' qualifying service, the pension rights accrued up to the point at which special leave without pay begins are preserved and staff will add to these accrued pension rights on return.
- Staff may also improve their pension rights on return by making additional voluntary contributions. Staff with less than two years' qualifying service are advised to consult the Superannuation Unit in HQ about their pension entitlements.
- Periods of special leave without pay do not count towards re-qualifying for paid sickness absence under the '1 year in 4' rule. The maximum amount of paid absence allowed is 12 months in any period of 4 years. Anyone who has exhausted this maximum paid sickness absence before taking special leave without pay would have to re-qualify on return to work.
- Special leave without pay does not count as qualifying service for a higher annual leave allowance but qualifying years served before special leave without pay are added to those served on return.
- AHCA is not paid during special leave without pay. Payments are resumed on return. The period of time over which AHCA is paid is not extended by the length of time spent on special leave without pay (other than in the case of unpaid maternity leave when it is extended by the length of the period of unpaid leave taken).
- Staff on special leave without pay are not eligible for paid maternity or adoption leave.
- Staff on special leave without pay are eligible to be considered for promotion/progression.
- Staff on special leave without pay who are in mobile levels continue to be considered as mobile during the period of unpaid leave. Where an office is relocating, staff who are on unpaid leave will be consulted about their preferences in the same way as all other staff.
- Staff who are on special leave without pay and who are made redundant, either voluntarily or compulsorily, will receive compensation based on their pensionable pay before the start of their unpaid leave and calculated in the same way as for staff in post.
Introduction
Principles of special leave
Procedures
Special leave with pay
Bereavement
Caring for dependants
Domestic violence
Hospital/doctor/dentist appointments
Infectious diseases
Disability leave
Who can apply for disability special leave?
"a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry out normal day-to-day activities".
The definition can be interpreted widely in that impairments that are not visible, such as heart conditions, epilepsy and diabetes can be included within the definition, although these may have minimal impact on the ability of an employee to carry out their work. The definition covers physical and mental impairments, including those affecting the senses (such as sight* and hearing), learning disabilities and mental illness (if it is acknowledged by a recognised body of medical opinion) and severe disfigurements.
(*Where a person wears glasses or contact lenses it is the effect on the person's vision while wearing their glasses or contact lenses that is considered. If a sight impairment is substantially improved by the wearing of glasses or contact lenses this is not normally considered as an impairment under the Act.)
Day-to-day activities are normal activities carried out by most people on a regular basis and must involve one of the following broad categories: mobility, manual dexterity, physical co-ordination, continence, ability to lift, carry or move ordinary objects, speech, hearing, eyesight, memory or ability to concentrate, to learn or understand and/or being able to recognise physical danger.
A substantial effect is one, which is more than "minor" or "trivial". Examples of what would be considered to be substantial would include the inability to see moving traffic clearly enough to cross the road safely, inability to turn taps or difficulty in going up or down stairs.
Long term is defined as having lasted or being likely to last at least 12 months or for the rest of a person's life and includes those effects that are likely to recur beyond the 12-month period following the first occurrence. The Act also covers progressive conditions where the impairment is likely to become substantial. Examples of progressive conditions include: Cancer, HIV infection, Multiple Sclerosis and Muscular Dystrophy. The Act protects people with these conditions from the time that there is some noticeable effect on normal day-to-day activities, rather than from the date of diagnosis. The effect need not be continuous and need not be substantial.
Recording disability on PIMMs
Circumstances in which disability special leave can apply
The difference between sick absence and disability special leave
How long can disability special leave last?
The exact amount of special leave will vary, therefore, from person to person according to individual circumstances. Each case will be considered according to what is reasonable for the disabled employee and the way their impairment affects them in their role. The amount of disability special leave to be taken and for which period should usually be agreed in advance (see paragraph 2.35 below on retrospective applications).
Disability special leave is a reasonable adjustment but it is not intended to cover almost permanent absence. The guideline for the total amount of disability leave to be granted in a twelve-month period is reasonableness, taking into account the particular circumstances of each case. The majority of employees requiring disability special leave will not need to be absent for long periods of time. If a disabled employee needs rehabilitation or assessment on a continuing basis alternative working patterns may need to be considered. Line management may seek advice from the HR Ability Adviser (see paragraph 36 below on monitoring) at any stage.
How to apply for disability special leave
Reasons for refusing disability special leave must be fully justified in writing and retained.
Applying for disability special leave retrospectively
Monitoring disability special leave
and, with the employee's permission, also to:
Damage or disruption to property
Permanent transfer involving move of home
Civil Service societies
Attendance in court as a witness in an official capacity
Attendance in court as a witness in a private capacity
Attendance at Employment Tribunals
Attendance at a Tribunal as Chairman or Member/Judicial appointment
See also Volume 2 Chapter 1
Employees are reminded that they may apply for the following types of judicial appointment:
Voluntary public service
Training courses - Voluntary public service
Volunteering in the community
Duke of Edinburgh's Gold Award
Participation in sports events
Reserve Forces training
Cadet Forces training
Political activities
Further education
Time off for Trade Union Duties, Industrial Relations or Health and Safety activities
Special leave without pay
Alternative employment
Education
Voluntary transfer
School holidays
Parental leave
Political agents
Special leave without pay - Terms and conditions
Performance pay
Superannuation
Sickness absence
Annual leave
Additional housing cost allowance (AHCA)
Maternity and adoption leave
Promotion/progression
Mobility
Redundancy
Back to Staff absence and welfare, including annual, special and sickness leave index
