NORTHUMBERLAND COUNTY COUNCIL
LEAVE OF ABSENCE PROVISIONS
Contents
Page
Section
Contents
1
1
Introduction; Help & Advice
2
Family Leave
Maternity Support Leave
Ordinary Paternity Leave/Additional Paternity Leave
Parental Leave
Adoption Leave
Miscellaneous
3
Unpaid Leave
4
Compassionate Leave
Time off to Care for Dependants
Unforeseen Domestic or Personal Incidents
Bereavement Leave
16
16
17
17-18
5
Other Leave Provisions
Leave for Reserve Forces (TA)
Study Leave
Jury Service
Leave for Public Duties
Time Off for Medical Screening
19
19
19
19
19
19-20
At A Glance Guide
21-22
2-3
4
4
5-9
9-11
12
13-14
15
Appendix 1 – Request for Statutory Paternity Leave (Births)
23
Appendix 2 – Request for Statutory Paternity Leave (Adoption)
24
Appendix 3 – Request for Additional Paternity Leave (Births)
25
Appendix 4 – Request for Additional Paternity Leave (Adoption)
26
1
Section 1
Introduction
1
The purpose of this guide is to outline the County Council’s provisions in respect of
leave of absence for personal reasons. There is a separate guide to explain the
Maternity Leave provisions and therefore they are not included in this guide.
Application
2
The leave of absence provisions outlined in this guide are applicable to all employees of
the County Council employed on Northumberland County Council’s Conditions of Service
and Senior Management Conditions of Service, regardless of number of hours worked
(although some provisions may be pro rata to the number of hours worked). All
employees other than those on casual contracts will be eligible to be considered for the
benefits of this scheme.
3
There are specific provisions within the scheme for teachers and uniformed employees
of the Fire & Rescue Service. Some provisions are statutory and some are at the
discretion of the Head of Service. Where throughout this document there are references
to the Head of Service or Line Managers in the case of schools this should be
interpreted as the Head Teacher or Governing Body. In all cases an application must be
made to the relevant manager or the Head Teacher.
4
In all cases the Service concerned, or the School, is responsible for the costs of any
cover arrangements which may be deemed necessary.
Principles
5
The provisions for time off are not intended to replace completely the need to use
annual, flexi or unpaid leave (where these are available), but to lessen the burden on
employees, taking into account the needs of the service. The provisions do not cover all
eventualities, nor prescribe leave in a rigid way, other than leave which is a statutory
right e.g. parental leave. They do aim, however, to promote a consistent and fair
approach whilst dealing with each application on its own merits.
6
Approval to take leave of absence is subject to the needs of the service, the reasons
for the request, and working arrangements.
7
The County Council’s policy is that employees who are prevented from taking annual
leave due to taking leave of absence which runs into the end of the leave year will not
be permitted to carry annual leave forward to the next year. However, an employee who
has returned from leave of absence and is prevented by the needs of the service from
taking all or part of their annual leave, will be treated in accordance with the normal rules
governing carry forward of annual leave. This provision does not apply to teachers or
uniformed employees of the Fire & Rescue Service.
8
As with all absences, individual Directorates will maintain records of occasions when
leave of absence is granted, in order to monitor and evaluate the scheme.
2
Help and Advice
9
If there are cases which are not covered by this guide, or if further clarification is required,
the information is available from the HR Service. The County Council's Welfare Officer
can provide assistance to any employee who would like advice or support in dealing with
personal difficulties, In addition the Council has a number of listening officers who can
provide confidential support, (see Staff Welfare Policy for list of named officers). There
is also DAS Personal Counselling Helpline 0844 8939012 (calls charged at national
rates). All of this assistance can provide employees with confidential support if they
have personal difficulties.
10
Any queries over the interpretation of the provisions of the scheme are to be resolved by
the Head of Service in consultation with the Head of Transformation (the Governing
Body in the case of schools).
3
Section 2 - Family Leave
Introduction
11
Family leave consists of five key elements: the County Council’s paid maternity
support leave scheme; the statutory paternity leave scheme; the statutory unpaid
parental leave scheme; the County Council’s adoption leave scheme and the statutory
adoption leave scheme. Each scheme is detailed below.
Maternity Support Leave
12
Maternity support leave of 5 days with pay should be granted to the child's father or the
partner or nominated carer of an expectant mother at or around the time of birth. A
nominated carer is the person nominated by the mother to assist in the care of the child
and to provide support to the mother at or around the time of birth. The purpose of
granting the leave is to meet the needs of the employee in addressing problems or
commitments outside work which are likely to have a bearing on the employee's wellbeing and ability to perform their duties.
13
All employees regardless of their length of service are entitled to maternity support
leave providing they meet the requirements outlined in paragraph 14. Uniformed
employees of the Fire & Rescue Service on the shift duty system will be entitled to 4
shifts, rather than 5 days. Teachers may be granted maternity support leave at the
discretion of the Governing Body. If leave is granted, it is recommended that this will
be no more than 5 days.
14
The granting of maternity support leave is subject to the following conditions:
 applications must be made in writing to the employee's line manager and should
declare that the employee is the nominated carer;
 the timing should be agreed in discussion with the line manager and should
normally be taken during the period 4 weeks before and 8 weeks after the date of
confinement;
 applicants should give as much notice as the circumstances allow. The timing of
such leave is subject to agreement with the employee's line manager who will
endeavour wherever possible to accommodate the employee's request, and
 a copy of the mothers form MAT B1 (maternity certificate) should be provided.
Maternity support leave is available regardless of whether the nominated carer lives
with the mother.
15
16
Additional leave of up to a further 5 days may be granted in special circumstances, at
the discretion of individual Heads of Service, e.g. where there have been complications
during the birth or where difficulties arise in the provision of care for other children.
17
The scheme applies in the case of adoptive fathers where the child to be adopted is
aged up to 3 years at the date of the initial placement except that for "4 weeks
before and 8 weeks after the date of confinement" in paragraph 14 above read "up
to 8 weeks after the date of the first placement of the child with the prospective
adoptive parents".
18
Any employee who claims maternity support leave dishonestly will be subject to
disciplinary procedures which could ultimately result in dismissal.
4
Ordinary Paternity Leave
19
In addition to the maternity support leave scheme detailed above, providing certain
qualifying conditions are met, all employees (including teachers and uniformed
employees of the Fire & Rescue Service) also have a statutory right to up two weeks
paternity leave at Statutory Paternity Pay (SPP) rate only. The purpose of paternity
leave is to care for a child or to support the child’s mother. Employees who qualify for
maternity support leave (above) and paternity leave will be entitled to 5 days maternity
support leave on full pay, plus one week of paternity leave at SPP rate.
20
To qualify for paternity leave an employee must:
 have 26 weeks’ continuous service by the end of the 15th week before the
expected week of childbirth;
 be the biological father, or married to the child’s mother; or be living with the
child’s mother in an enduring family relationship but not an immediate relative;
and
 expect to have responsibility for the upbringing of the child
 provide a copy of the mothers form MAT B1 (maternity certificate) should be
provided
 Complete the NCC Form SPL1
An employee in a same sex relationship can take paternity leave providing they meet
these conditions.
21
Only one period of leave is allowed regardless of the whether there is a multiple birth.
22
An employee will qualify for paternity leave if the child is stillborn after 24 weeks of
pregnancy or dies subsequent to being born. Leave must be taken in accordance with
para 23 below.
23
Employees not qualifying for maternity support leave (paras 12-18 above) can choose
to take 1 whole week’s leave or 2 consecutive weeks’ leave within 56 days of the child
being born. Employees qualifying for maternity support leave can take only 1 whole
week of paternity leave (within 56 days of the child being born) as well as 5 days
maternity support leave. If the child is born prematurely, leave must be taken within 56
days of the expected week of childbirth. A week for paternity leave purposes is defined
as a whole continuous period of 7 days, beginning on any day of the week. Odd days
paternity leave are not permitted, only full weeks. Maternity support leave can be
taken as odd days.
24
No later than the end of the 15th week before the expected date of childbirth
Employee Services of the Corporate Resources Directorate must be notified, in writing,
of the following:






the expected week of childbirth; or if the baby has been born, the actual date of
birth;
the length of leave requested;
the date on which the leave will commence;
confirm that the purpose of the leave is to care for the child or support the child’s
mother;
confirmation that the employee is the biological father, or is married to or in a civil
partnership with the child’s mother, or is living with the mother in an enduring
family relationship but is not an immediate relative; and
s/he expects to have responsibility for the upbringing of the child.
5
For ease of reference, a Statutory Paternity Leave (Births) request form is attached as
appendix 1.
25
Leave can start on the date the child is born; a number of days after the child is born; or
on a predetermined date after the first day of the expected week of childbirth. At least
28 days notice is required to change the date leave commences.
26
Where leave commences on the date a child is born and the employee is at work on
that day, leave will be deemed to commence on the following day. This is consistent
with the Statutory Paternity Pay Regulations which do not allow SPP to be paid on a
day in which work has been done.
27
Paternity leave will be paid at the rate of SPP, which is the standard rate of statutory
sick pay. SPP is payable if average weekly earnings are high enough, these are set by
the Inland Revenue each year.
Paternity Leave (Adoption)
28
Up to 2 weeks paternity leave at statutory paternity pay (SPP) rate is also available for
adopters (including teachers and uniformed employees of the Fire & Rescue Service).
Should paragraph 17 above apply (5 days maternity support leave) then only 1 week
additional statutory paternity leave will be allowed. Employees who do not qualify under
paragraph 17 are allowed two weeks leave at SPP rates.
29
To qualify for paternity leave an employee must:
 have 26 weeks’ continuous service by the end of the notification week (the week
the adopter is notified as being matched with a child);
 be married to or in a civil partnership with the person adopting the child, or living
with the person adopting the child in an enduring family relationship but not an
immediate relative; and
 expect to have responsibility for the upbringing of the child
 provide relevant documentation to confirm the adoption
 complete the NCC form SPL2
Only one period of leave is allowed regardless of the number of children adopted at one
time.
30
31
Employees not qualifying for maternity support leave (paras 12-18 above) can choose
to take 1 week’s leave or 2 consecutive weeks’ leave within 56 days of the child being
placed. Employees who do qualify for maternity support leave can take 1 whole week
of paternity leave as well as 5 days maternity support leave. A week for paternity leave
purposes is defined as a whole continuous period of 7 days, beginning on any day of
the week. Odd days paternity leave are not permitted, only full weeks. Maternity
support leave can be taken as odd days.
32
Employee Services Section of the Corporate Resources Directorate must be notified, in
writing, no later than 7 days after the adopter is notified of being matched with a
child of the following:
 the date the adopter was notified as being matched with the child;
 the date the child is expected to be placed;
 the length of leave requested;
 the date on which the leave will commence;
6



confirm that the purpose of the leave is to care for the child or support the child’s
adopter;
is married to or in a civil partnership with the person adopting the child, or living
with the person adopting the child in an enduring family relationship but is not an
immediate relative; and
s/he expects to have responsibility for the upbringing of the child.
For ease of reference a Statutory Paternity Leave (Adoption) request form is attached as
appendix 2.
33
Leave can start on the date the child is placed with the adopter; a number of days after
the child is placed; or on a predetermined date later than the date the child is expected
to be placed. At least 28 days notice is required to change the date leave commences.
34
Where leave commences on the date a child is placed and the employee is at work on
that day, leave will be deemed to commence on the following day. This is consistent
with the Statutory Paternity Pay Regulations which do not allow SPP to be paid on a
day in which work has been done.
35
Paternity leave will be paid at the rate of SPP, which is the standard rate of statutory
sick pay. SPP is payable if average weekly earnings are high enough, these are set by
the Inland Revenue each year.
36
Any employee who claims parental leave dishonestly will be subject to disciplinary
procedures which could ultimately result in dismissal.
Additional Paternity Leave (APL)
37
A right to additional paternity leave (APL) became effective in relation to parents of
babies born on or after 3 April 2011 or notified as being placed for adoption on or
after 3 April 2011.
38
The minimum period of APL will be two weeks and, as a general rule, the maximum
period will be 26 weeks.
39
The right to APL will be on top of the existing two-week paternity leave and pay
entitlement on the birth or adoption of a child.
40
The old two week paternity leave and pay is now known as Ordinary Paternity Leave.
41
An employee is entitled to 26 weeks’ APL for the purpose of caring for a newborn
child or a newly adopted child if all of the following criteria apply:


The child’s mother has ended her statutory maternity leave and has stopped
receiving statutory maternity pay, or the adopter has ended his or her statutory
adoption leave and has stopped receiving statutory adoption pay.
The employee has been continuously employed by NCC for at least 26 weeks by
the end of the 15th week before the EWC or by the end of the week in which the
child’s adopter is notified of having been matched with the child, and is still
employed by that employer.
The employee has responsibility for the upbringing of the child.
Also an employee must be: The biological father of the child; or
 Married to, the partner of, or the civil partner of the child’s mother but not the child’s
biological father; or
 Married to, the partner of, or the civil partner of the child’s adopter, or
7

Part of a couple who has adopted a child jointly but has not taken statutory adoption
leave (e.g. because his or her partner has).
An employee must produce evidence of his or her entitlement to APL, such as
information concerning the child’s mother or adopter (e.g. the date on which he or she
intends to return to work from maternity or adoption); and, give notice in accordance
with the notification requirements for taking APL (see below).
In addition to satisfying the above, the following conditions must also be satisfied in
order for an employee to be entitled to additional statutory paternity pay:


The child’s mother or adopter must have been entitled to statutory maternity pay,
statutory adoption pay or maternity allowance.
The child’s mother or adopter must have at least 2 weeks of the 39 week period
remaining to statutory maternity pay, statutory adoption pay or maternity allowance
remaining prior to the start of the additional statutory paternity pay period.
The employee’s average weekly earnings over a certain period are not less than the
lower earnings contribution limit for National Insurance purposes.
The number of weeks for which additional statutory paternity pay will be paid will
depend on the remaining number of weeks of statutory maternity pay, statutory
adoption pay or maternity allowance.
42.
Where an employee has already received ordinary statutory paternity pay from the
County Council, he or she will be entitled to additional statutory paternity pay if the first
two points above are satisfied.
43.
An employee will be entitled to 26 week’s unpaid additional paternity leave if he or she
fails to satisfy the additional statutory paternity pay conditions.
44.
The mother and father/partner (or the main adoptive parent and their adoptive partner)
must provide self-certified evidence to the County Council that he/she is entitled to APL.
(See Appendix 3 and 4 for requests for APL (Births and Adoptions)
45.
The County Council will be responsible for checking that the father/partner is entitled to
APL but will not carry out checks with the mother’s employer to verify the information
provided by the mother (e.g. the dates on which the statutory maternity pay period started
and finished).
Notification Regulations
46.
An employee will have to provide the County Council with at least eight weeks’ notice of
the date on which the APL period will start.
47.
The start date of the additional statutory paternity leave can be changed providing six
weeks’ notice of the changed start date is given.
48.
The date of the intended return from additional statutory paternity leave can be changed
to an earlier date, if at least six weeks notice is given. If it is to return at a later date, then
six weeks is also required.
49.
The County Council, within 28 days of the date it received notification of APL will notify
the employee in writing of the date on which his or her additional statutory paternity leave
will end.
8
50.
The minimum period of additional statutory paternity leave will be two weeks. The
maximum period of APL will be 26 weeks, with a week being any period of seven days.
51.
The APL period for a newborn child must start after the child is 20 weeks old and end
before the child’s first birthday. Similarly, the APL for a newly adopted child must start
after the 20th week of the child’s adoption and end before the first anniversary of the
child’s adoption.
52.
There may be a gap between the end of the statutory maternity/adoption leave period
and the beginning of the APL period (i.e. the APL period does not have to begin on the
following day).
53.
An employee will be entitled to be paid no more than 26 weeks of additional statutory
paternity pay in respect of a child where more than one child is born as a result of the
same pregnancy.
54.
The APL period will be extended beyond 26 weeks if the child’s mother or adopter dies
before the child’s first birthday or during the first year of the child’s adoption (e.g. if the
child’s mother has died during childbirth, the father or partner could start taking his or her
APL from the date on which the mother died until the child’s first birthday). The father or
partner would receive additional statutory paternity pay for the remaining length of time
that the mother would have been entitled to statutory maternity pay or maternity
allowance.
55.
An employee returning from APL is entitled to return to the same job on the same terms
and conditions.
56.
An employee may work for his or her employer during their APL for up to 10 days
(keeping in touch (KIT) days) without bringing his or her APL to an end or losing his or her
additional paternity pay. (See paragraph 83 also)
57.
The weekly rate of additional statutory paternity pay will be the standard rate, or 90% of
the employee’s average weekly earnings, whichever is the lesser amount.
Parental Leave
58.
The purpose of Parental Leave is to enable employees who satisfy certain conditions to
take unpaid leave for the purpose of caring for a child. This means looking after the child
and can include making arrangements for the good of the child.
59.
Any employee (including teachers and uniformed employees of the Fire & Rescue
Service) who has one year’s continuous service with the County Council has a
statutory right to 13 weeks (18 weeks in the case of disabled children) parental leave
providing he/she has responsibility for a child and falls into one of the following
categories:
a)
is the parent of a child under five years old. This will be either the mother of the
child or the civil partner of the mother of the child or the father of the child if
she/he was in a civil partnership with or married to the mother at the time of the
birth or he is registered as the child’s father.
b)
has adopted a child under the age of 18.
c)
has acquired formal parental responsibility for a child under the age of 5. This
will include the father (if not covered by the above) or a guardian who has
acquired parental responsibility under the 1989 Children Act. This can be done
by means of a formal agreement with the mother which complies with certain
legal requirements or by means of a court order.
9
60.
The right is to 13 weeks leave (18 weeks in the case of disabled children) per child
(including multiple births). This is pro rata for part time employees. Leave is unpaid,
although the contract of employment will continue and therefore the right of return to
the same or similar job remains.
61.
The right to parental leave lasts until the child is five years old except in the following
circumstances:
a)
b)
where the child is adopted - leave may be taken up to five years after the child is
placed for adoption or until the child is eighteen years old, whichever is the
earliest.
where the child is disabled - leave may be taken up to the date when the child
reaches eighteen. A disabled child is one for whom disability living allowance is
awarded.
62.
In all cases evidence of the child’s age must be produced. If requested, evidence of
parental responsibility must be produced before leave can be approved.
63.
Leave can only be taken in blocks or multiples of a week. If the leave taken is for a
shorter period than a week, then it will be counted as a full week’s leave. Only salary
for the day(s) absence will be deducted, not salary for a whole week. The exception to
this is where leave is to care for a disabled child in which case leave may be taken as
a day or multiples of a day.
64.
Up to 4 weeks parental leave for each child may be taken in a particular year,
beginning on the date upon which the employee becomes entitled to the leave. Heads
of Service have the discretion to allow more than 4 weeks in a particular year in
exceptional circumstances. For the purposes of this scheme the definition of a week is
as follows:

65.
where an employee’s working pattern does not vary, a week is the period which
s/he normally works where the working pattern normally varies from week to week
or over a longer period, or if the employee is normally required to work in some
weeks and not in others, a week is the total of all periods in which s/he works,
divided by 52.
Employees are expected to give at least 21 days notice in writing of the proposed
leave, specifying when the leave is to begin and end.
66.
If the leave is to be taken by a father immediately after a child is born the notice must
specify the expected week of childbirth, the amount of parental leave to be taken and it
must be given at least 21 days before the beginning of the expected week of childbirth.
67.
If the leave is to be taken immediately after a child is placed for adoption the notice
must specify the expected week of placement, the amount of leave to be taken and it
must be given at least 21 days before the expected week of placement, or as soon as
reasonably practicable.
68.
In cases where the leave would adversely affect the provision of the County Council’s
services e.g. in the education sector where leave may disrupt the continuation of
education, Heads of Service can postpone the leave for up to a period of six months.
Advice on when postponement may be appropriate can be obtained from the HR Service.
Requests for leave to be taken immediately after a child is born or placed for adoption
cannot be postponed.
69.
If leave is postponed, the employee must be notified, in writing, within seven days of
the request for leave, stating the reason for the postponement. Leave must be granted
at a date agreed in consultation with the employee concerned, which must be no later
than six months after the date the employee proposed to take their leave in their initial
10
request. If a date cannot be agreed through consultation, the relevant Head of Service
will determine the appropriate date(s) when leave can be taken.
70.
Parental leave is in addition to rights under the maternity leave scheme and the
maternity support leave scheme. See paragraphs 12-18 and the separate guide to
Maternity Provisions.
71.
Any employee who claims parental leave dishonestly will be subject to disciplinary
procedures which could ultimately result in dismissal.
11
Adoption Leave
72.
The Work and Families Act (2006) introduced a statutory right to 39 weeks paid and 13
weeks unpaid adoption. Where a couple is adopting only one person may take adoption
leave, the other may be eligible for paternity leave (see paras 28-36). This right also
applies to teachers and uniformed employees of the Fire & Rescue Service.
73.
No later than 7 days after the date an employee is notified of being matched (or as soon
as reasonably practicable) written notification of the following must be provided to
Employee Services within the Corporate Resources Directorate:
 the date the child is expected to be placed for adoption;
 the date from which leave is requested;
 the name and address of the agency; and
 the name and date of birth of the child (child must be under the age of 18 to be
eligible)
Within 28 days of receiving the above information, Employee Services within the
Corporate Resources Directorate will notify the employee in writing of when the adoption
leave period will end.
74.
75.
Adoption leave can commence on the date the child is placed; or an agreed date no
earlier than 14 days before the child is expected to be placed. Any changes to these
dates must be notified at least 28 days in advance. In cases where the child is adopted
from overseas, leave cannot begin before the child enters Great Britain. The latest it can
start is 28 days after the date of entry.
76.
Employees who satisfy the following conditions will be eligible for statutory adoption
leave:
 be the child’s adopter;
 have 26 weeks continuous service with the County Council by the end of the
notification week;
 have notified the adoption agency that the child should be placed with the
employee and the date of placement.
Statutory adoption leave consists of 39 weeks (ordinary leave) paid at Statutory Adoption
Pay (SAP) rate (providing average weekly earnings are high enough – these are set by
the Inland Revenue each year), plus an additional 13 weeks (additional leave) unpaid.
77.
Where, after starting adoption leave, an employee is notified that the child will not be
placed, or if the child has been placed and dies or is returned to the adoption agency, the
employee will not be entitled to the full adoption leave period. In this situation, adoption
leave will end 8 weeks after the end of the week in which the change in circumstances
occurred, assuming there is at least 8 weeks of leave left. An employee wishing to return
before this date must provide at least eight weeks notice in writing to their Line Manager.
78.
An employee wishing to return to work before the end of the 52 week period must give at
least eight weeks notice. Should this notice not be received, then the return to work can
be postponed to a date which will secure eight weeks notice or is at the end of the 52
week period if that is earlier.
79.
In addition to the statutory scheme, employees with more than one year's service with
the County Council at the date of commencement of adoption leave will qualify for paid
leave as detailed below, subject to agreeing to return to work for a minimum of three
months (in the case of teachers, return to the same school for at least 13 weeks). Should
12
they fail to do so they will be required to refund the 12 weeks half pay over the same
period as which it was paid.
Adoption Pay
80.
For the first six weeks of absence, payment will be 9/10ths of a week’s pay offset
against SAP. Teachers will be paid full pay for the first four weeks and 9/10th for the
next two weeks (offset against SAP).
For the subsequent 12 weeks of absence, half a week’s pay without deduction unless the
combined pay and the SAP exceeds full pay. The equivalent amount (i.e. 6 weeks pay)
may be paid on any other mutually agreed distribution. For the following 21 weeks of
absence i.e. weeks 19-39, SAP only. The remaining absence will be unpaid.
If not intending to return to work, the subsequent 33 weeks of absence SAP only
Absence beyond 39 weeks will be unpaid.
81.
Adoption pay will be paid by bank credit transfer on your normal pay day.
Reasonable Contact
82.
It is important that your Manager keeps in touch with you during your adoption leave.
This is a two way process and therefore it is best to discuss the mechanics of how
keeping in touch can be best achieved before you commence your leave. If you do not
have access to the internet at home then you may wish to be sent a copy of the
vacancy bulletin, training opportunities, or, other general information that is circulated to
other staff. You should discuss this with your Manager who will make the necessary
arrangements.
Keeping In Touch Days
83.
Employees may carry out up to 10 days work during their adoption leave without
bringing the leave to an end. There is no requirement for an employee to undertake this
work however it could be used for training purposes, keeping in touch or for the
employee to carry out any requirement relating to their contract of employment. This
work does not extend the adoption leave, is unpaid and will not affect SAP
Right to Return to Work
84.
All employees have a right to return to work after adoption leave providing they meet
their obligations in notifying the County Council.
85.
Notice to return to work will only be required if the employee wishes to return before the
end of the 52 week period. It is to be assumed that the employee will return at the end
of the 52 weeks.
86.
An employee wishing to return earlier than at the end of the 52 week period must give
at least eight weeks notice.
If an employee attempts to return early without giving at least eight weeks notice then
their return may be postponed to a date which will secure eight weeks notice of return or
the end of the 52nd week if that is earlier.
13
87.
During adoption leave the contract of employment continues and therefore all the
normal obligations of trust and good faith continue, including the requirement to give
notice, and the accrual of service for contractual purposes. Annual leave will continue
to accrue throughout the whole period of adoption leave, although it will not be allowed
to be carried over from one leave year to another.
88.
This scheme does not apply in the case of non-agency adoptions i.e. those adoptions
where the intention is to give a partner legal responsibility for a child.
89.
Only one period of adoption leave will be granted regardless of the number of children
placed at one time.
90.
The employee’s Head of Service or Line Manager in consultation with Head of
Transformation will give sympathetic consideration to applications for special leave in
cases where a child is to be fostered.
14
Section 3 – Unpaid Leave
91.
Unpaid Leave of Absence may be granted to support employees who are experiencing
difficult situations, however operational and budget considerations of the service affected
will be assessed when making a decision. If you wish to find out more about this type of
leave please put your request in writing to your line manager in the first instance who
should seek advice from the HR Service before making a decision.
15
Section 4 – Compassionate Leave
92.
The County Council recognises the distress that people can suffer from time to time in
their personal lives. This scheme encompasses a mix of statutory and local provisions.
It enables the County Council to exercise compassion as a good employer and allow
employees to take time off to deal with domestic incidents.
Time off to Care for Dependants
93.
The Employment Relations Act 1999 allows all employees (including teachers and
uniformed employees of the Fire & Rescue Service) to take a short amount of unpaid
time off during working hours when it is reasonable for them to do so in order to take
action which is necessary:
 to provide assistance when a dependant falls ill, gives birth or is assaulted;
 to arrange care for a dependant who is ill or injured;
 where arrangements for care of a dependant are unexpectedly disrupted or
terminated;
 as a result of the death of a dependant; and
 to deal with an incident involving the employee’s child which occurs unexpectedly
when s/he is at school.
94.
A dependant for the purpose of this unpaid statutory scheme is defined as a spouse or
civil partner; a child; a parent; a person who lives in the same household as the
employee except lodgers etc; and a person who reasonably relies on the employee.
95.
In order to take time off the employee must tell their line manager the reason for the
absence and how long it is expected to last as soon as reasonably practicable.
96.
In addition to the statutory unpaid provisions outlined above, the Council’s local
provisions enable Heads of Service to grant up to a maximum of 5 days' paid leave in
any leave year (1 April to 31 March) for the care of a sick dependant in the following
circumstances:


to deal with an initial emergency in the event of a dependant becoming seriously
ill. Such leave however, is not normally intended to cover cases where a
dependant is in hospital, although it may be granted in exceptional cases e.g.
when a young child is admitted to hospital and parental presence is required, and
in cases involving critical or terminal illness. In normal circumstances leave would
not be granted to cover illnesses such as colds, flu, chicken pox etc, or for routine
out patient appointments or planned hospital admissions;
when childcare or other care arrangements break down, e.g. if a childminder or
nurse does not turn up. Leave would normally be granted where alternative
arrangements cannot be made and when a signed letter is provided by the
regular childminder or carer to confirm that this is the case. Leave will not
normally be granted to cover planned absences of the carer, e.g. for holidays,
medical appointments etc.
97.
As soon as reasonably practicable, employees must notify their line manager of the
absence and its likely duration.
98.
Employees required to accompany a dependent to a medical appointment during
normal working hours should normally use annual leave, flexi or unpaid leave (where
16
this is available). However, in exceptional circumstance where this would cause
particular hardship, the Head of Service may exercise their discretion and grant
compassionate leave.
99.
For the purposes of this paid scheme, a dependent is defined as a person who lives
with the employee and is physically and/or emotionally dependent on the employee. A
relative living in separate accommodation would not normally be considered as a
dependent, nor would someone living in the employees’ home merely to share housing
costs.
100. In respect of teaching staff in schools with delegated management, Governing Bodies
may wish to grant time off with pay to care for dependants, however it is recommended
that in such cases not more than 5 days be granted with pay, the cost of which will be
met from the school's delegated budget.
Unforeseen Domestic or Personal Incidents
101. The Head of Service may grant a credit of up 2 hours (for half a day’s absence) or up
to 4 hours (for a full days absence) for unforeseen domestic or personal incidents
which necessitate absence from work. Those employees not subject to the flexi-time
scheme may be granted up to one day's paid leave.
102. Circumstances falling under this category may include burglary, house fire and family
crises. This provision is not intended to cover instances where domestic appliances
have broken down; appointments with insurance assessors or trades persons; or
buses breaking down and cars failing to start.
Bereavement
103. Up to a maximum of 5 days' paid leave to be granted by the employees Head of
Service or Line Manager on the death of a close relative. The closeness of the
relationship will be taken into account in each case. For example, close relatives will
normally include spouse or civil partner, parents, children, brothers and sisters.
However, it may also include a person with whom the employee lives and/or has a
stable relationship, e.g., partner, step-parent, step-child and mother/father-in-law.
Similarly it would not be appropriate to grant paid leave to someone who loses a
relative with whom there has been no communication or close relationship for some
considerable time.
104. The granting of 5 days' leave of absence for bereavement is not an automatic
entitlement. Normally 3 days would be the maximum. The number of days leave
granted will depend on the following:




whether the employee is responsible for making the funeral arrangements;
whether the employee is dealing with matters relating to the estate of the
deceased;
how much travel is involved, e.g. attendance at a local funeral may require only
half a day's paid leave, a funeral in Ireland may require 3 days' paid leave; and
whether the employee had lived in the same house as the deceased.
105. An employee responsible for making the funeral arrangements and dealing with the
estate of the deceased close relative would normally be allowed 3 days’ bereavement
leave. If, however, this also involved a considerable amount of travel, up to 5 days’
17
bereavement leave may be granted. Annual leave, flexi time or unpaid leave should
also be used to attend and travel to/from any other funeral not covered above.
106. Leave granted under paragraphs 103 to 106 may be granted as and when required,
there is no prescribed maximum number of instances per leave year.
18
Section 5 - Other Leave Provisions
Leave of Absence - Service in Non-Regular Forces
107. Subject to the needs of the service, volunteer members of the Non-Regular Forces who
attend summer camp will be granted one week's additional leave.
108. Exceptionally, additional paid leave may also be granted to members of the Territorial
Army who are required to undertake training additional to attendance at summer camp
and who are unable to arrange for such training to be on days when they would normally
not be working. Requests for time off must be supported by documentation from the
Commanding Officer confirming that the training cannot be otherwise arranged and
giving alternative dates so that mutually acceptable dates can be identified.
Study Leave
109. Where the Council has agreed to support an academic qualification, paid leave may be
granted to undertake relevant exams. Leave will be at the rate of a half day (a credit of
3.42 hours for flexi time) per exam.
Court Appearance
110. An employee receiving a summons to serve on a jury must discuss this with their Head
of Service who will approve paid leave of absence. There is a requirement to claim any
entitlement of loss of earnings allowance from the Court. This will deducted from the
employee's pay as an amount equal to the allowance received.
111. An employee attending court as a witness, as a direct consequence of their employment
with the Council, will receive normal pay (and normal expenses where these are
necessarily incurred). In all other circumstances time off to attend as a witness will be
without pay. Appearance as the accused or as the plaintiff will be without pay. Annual
leave or flexi leave will normally be granted as an alternative if requested.
Public Service Appointments
112. Employees who are appointed as Magistrates, Local Authority Members, or Members of
other public service positions may be granted up to 48 half days paid leave to attend
meetings/sessions. This will be subject to the needs of the Service and may only be
granted by a Corporate Director.
Leave to Attend Job Interviews
113. County Council employees invited to attend job interview elsewhere within local
government may be granted up to a maximum of one day’s pay special leave for each
post. Interviews outside local government, including those with other employers listed in
the Redundancy Payments Modification Order, will not normally attract special leave.
Time Off for Medical Screening
114. Necessary paid time off will be granted for cancer screening. Currently, this covers
screenings for Breast, Cervical and Bowel cancers. Employees on flexi are entitled to an
adjustment of up to 2 hours for each appointment, subject to the total hours for the day
not exceeding 7 hours 24 minutes. Other employees will be granted appropriate time
19
off. Employees should try to arrange their appointments so as to cause the minimal
disruption to the service.
20
Type of Leave
Statutory, Local
Discretionary, or
National
Condition of
Service
Maximum Provision
Service
Requirement
Paid or
Unpaid
Refer to
Paragraph
Number(s)
Notification
Requirements
Parental leave
Statutory
1 years
continuous
service with NCC
Unpaid
58-71
21 days notice
Caring for dependants
Statutory
13 weeks per child (18
weeks for disabled children),
limited to 4 weeks per rolling
year, over a 5 year period, in
blocks of 1 week
‘reasonable amount’
None
Unpaid
93-95
Caring for dependants
Local
Discretionary
Local
Discretionary
5 days per annum
None
Paid
96-100
‘reasonable amount’, up to 2
hours for ½ day, 4 hours for
a full day, up to 1 day if not
subject to flexi time
3 days per instance, (can be
up to 5 days in exceptional
circumstances)
5 days (with a further 5 days
in exceptional
circumstances). Can be
taken as odd days.
Half day for each exam
None
Paid
101-102
as reasonably
practicable
as reasonably
practicable
as reasonably
practicable
None
Paid
103-106
as reasonably
practicable
None
Paid
12–18
as much as
possible
None
Paid
109
Reasonable amount
None
110-111
Up to 48 x ½ days
None
Depends on
reason
Paid
One day per job
None
Paid
113
Up to 2 hours flexi or
relevant time
None
Paid
114
as much as
possible
as much as
possible
as much as
possible
as reasonably
practicable
as reasonably
practicable
Unforeseen domestic
or personal incidents
Bereavement
Local
Discretionary
Maternity Support
Leave
National
Condition
Study Leave
Local
Discretionary
Local
Discretionary
Local
Discretionary
Local
Discretionary
National
Condition
Court Appearance
Public Service Duties
Job Interviews
Time off for Medical
Screenings
21
112
Type of Leave
Ordinary Paternity
Leave (adoption or
birth)
Statutory,
Local,
Discretionary
or National
Condition
Statutory
Additional Paternity
Leave (adoption or
birth)
Statutory
Adoption Leave
Statutory
Adoption Pay
Local
Discretionary
Unpaid Leave
Local
Discretionary
Local
Discretionary
Leave of Absence Service in NonRegular Forces
Maximum Provision
Service
Requirements
Up to 2 weeks. Only 1 week
if also eligible for maternity
support leave. Must be
taken as a block of 1 or 2
weeks
Can only be taken 20 weeks
after the birth and can be
between 2 and 26 weeks.
26 weeks
continuous
service at end of
15th week before
EWC
26 weeks
continuous
service at end of
15th week before
EWC
39 weeks ordinary leave plus 26 weeks
13 weeks additional leave
continuous
service
Paid or
Unpaid
Refer to
Paragraph
Number (s)
Notification
Requirements
Paid at SPP
rates only
19-36
Not less than 28
days
Paid at SPP
rates only.
37-57
8 weeks
72-80
7 days after
notification of
matching; 28
days of any
change
as much as
possible
107 - 108
Reasonable amount
None
39 weeks at
Statutory
Adoption Pay
rate plus 13
weeks unpaid
In addition to
Statutory 12
weeks half pay
if commit to
returning to
work
Unpaid
One week for annual
summer camp.
None
Paid
1 year for paid
leave
22
80-81
91
as much as
possible
as much as
possible
NCC SPL1
Appendix 1
Request for Ordinary Paternity Leave (Births)
NORTHUMBERLAND COUNTY COUNCIL
Name:
Place of work:
National Insurance Number:
To qualify for Ordinary Paternity leave you must tick all four boxes below
I declare that:


I am the baby’s biological father; or married to the child’s mother; or living with the
mother in an enduring family relationship but am not an immediate relative

I have responsibility for the child’s upbringing

I will take time off to support the mother or care for the child

I have been continuously employed by NCC for at least 26 weeks by the end of the 15th
week before expected week of childbirth
I wish to apply for Maternity Support/Ordinary Paternity Leave as follows:
1st week - Maternity Support Leave – (Paid leave of five working days or four duty shifts as
appropriate.)
2nd week – Ordinary Paternity Leave (Paid at Statutory Paternity rate only)
I would like to begin my ordinary
paternity leave on:
I intend to take one/two weeks leave *
delete as appropriate
NB Employees eligible for Maternity
Support Leave will only be entitled to one
additional week statutory paternity leave
The baby is due on:
If the baby has been born, please enter
the actual date of birth
Please provide a copy of the relevant
MAT B 1 to support this application
Signed:
Date:
Please return this form to your Line Manager for approval to take leave. Managers should inform
Employee Services (or payroll provider) to ensure the necessary salary adjustments are made.
23
NCC SPL2
Appendix 2
Request for Ordinary Paternity Leave (Adoption)
NORTHUMBERLAND COUNTY COUNCIL
Name:
Place of work:
National Insurance Number:
You must tick this box if you are adopting a child with your partner


I declare that I am adopting the child with my partner and I want to receive Statutory
Paternity Pay and Ordinary Paternity Leave, NOT Adoption Pay / Adoption Leave
To qualify for statutory paternity pay and statutory paternity leave you must tick all four boxes below
I declare that:

I am married to the person adopting the child, or living with the person adopting the child
in an enduring family relationship but am not an immediate relative

I will have responsibility for the child’s upbringing

I will take time off to support the person adopting the child or to care or the child

I have been continuously employed by NCC for at least 26 weeks by the end of the 15th
week before adoption
The date the adoption agency told the
person adopting the child that they had
been matched with the child on
*insert date
The child is expected to be placed on
If the child has already been placed,
please enter the date they were placed
I would like my SPP and/or ordinary
paternity leave to start on
I intend to take one/two weeks leave *
*delete as appropriate
NB Employees eligible for Maternity
Support Leave will only be entitled to one
additional week statutory paternity leave
Please provide relevant documentation
to support this application
Signed:
Date:
Please return this form to your Line Manager for approval to take leave. Managers should inform the
payroll section (or payroll provider) to ensure the necessary salary adjustments are made.
24
NCC SPL3
Appendix 3
Request for Additional Paternity Leave (Births)
NORTHUMBERLAND COUNTY COUNCIL
Name:
Place of work:
National Insurance Number:
To qualify for additional statutory paternity leave you must be able to tick ALL of the following boxes
below
I declare that:


The child’s mother is entitled to Statutory Maternity Leave and Pay

The child’s mother has ended her Statutory Maternity Leave and has stopped receiving
Statutory Maternity Pay

I have produced a written declaration from the child’s mother which sets out her name,
address and NI Number and the date she intends to return to work

I have produced a copy of the birth certificate

The earliest I can take APL is 20 weeks from the date of birth of the child
I would like to begin my additional
paternity leave on:
I would like to end my additional
paternity leave on:
Total number of weeks:
The baby was born on:
Signed:
Date:
Please return this form to your Line Manager for approval to take leave. Managers should inform the
payroll section (or payroll provider) to ensure the necessary salary adjustments are made.
25
NCC SPL4
Appendix 4
Request for Additional Paternity Leave (Adoption)
NORTHUMBERLAND COUNTY COUNCIL
Name:
Place of work:
National Insurance Number:
To qualify for additional statutory paternity leave (adoption) you must be able to tick ALL of the following
boxes below
I declare that:


The child’s mother is entitled to Statutory Adoption Leave and Pay

The child’s mother has ended her Statutory Adoption Leave and has stopped receiving
Statutory Adoption Pay

I have produced a written declaration from the child’s mother which sets out her name,
address and NI Number and the date she intends to return to work

I have produced a copy of the adoption notice

The earliest I can take APL is 20 weeks from the date of the adoption of the child
I would like to begin my additional
paternity leave on:
I would like to end my additional
paternity leave on:
Total number of weeks:
The baby was adopted on:
Signed:
Date:
Please return this form to your Line Manager for approval to take leave. Managers should inform the
payroll section (or payroll provider) to ensure the necessary salary adjustments are made.
26