House of Lords - House of Lords Staff Handbook

House of Lords Staff Handbook Seventeenth Edition

CHAPTER 5: HOURS, HOLIDAYS AND SPECIAL LEAVE

5.1. The requirements of the House make it necessary for different groups of staff to work varying hours. Consequently it is not possible in this Handbook to quote standard hours of attendance to cover all staff. These are given to members of staff in their employment particulars. Exact daily working hours are arranged by Black Rod or individual Heads of Offices. Staff are expected to be regular and punctual in their attendance at work.

5.2. For the purposes of pay, night allowance and overtime the hours of work of full-time staff are 41 per week, including meal breaks.

Working Time Regulations 1998

5.3. The Working Time Regulations 1998 apply to staff of the House. The conditions of employment of staff are consistent with the regulations, subject to the following adaptations:

— Under the regulations, a member of staff is entitled to a rest period of 11 consecutive hours between each working day. Because of late sittings of the House, it may on occasion not be possible for some staff with morning duties to observe the rest period immediately following the period of late working. Under a collective agreement with the TU team, the entitlement should be taken as time off in lieu on the following Friday. (It will be for the individual member of staff to decide whether or not to exercise the entitlement.) Where this is not possible, the compensating rest will be deemed given on Saturday.

— The regulations provide that staff should not work longer than an average of 48 hours per week excluding meal breaks but including overtime. Under a collective agreement with the TU team the period over which hours are to be averaged is 26 weeks, for reasons concerning the organisation of work. Such period shall disregard any period of leave, not exceeding the annual leave entitlement.

Homeworking

5.4. The House of Lords has a homeworking policy for staff. Full details including criteria for eligibility are set out in Appendix M.

Annual holiday

5.5. All staff, except those in the Parliamentary Archives and the Finance Department and certain members of Black Rod's staff, must take annual leave only during periods when the House is not sitting. In the case of Refreshment Department staff, holidays must usually be taken when the Department is closed during a parliamentary recess. In the Parliamentary Archives and Finance Department leave is arranged by the Clerk of the Records and the Finance Director respectively. The paid annual holiday entitlement for full-time staff who have satisfactorily completed their probationary period is seven weeks per year in every full year worked, plus public holidays. Holiday entitlement for staff on probation is six weeks for a full year worked. For part-time staff and staff who have worked for only part of the year, the entitlement will be calculated pro rata.

5.6. The annual leave year runs from 1 September to 31 August. Leave should normally be taken during the year to which it applies. If this has proved impossible staff in those offices whose leave is unaffected by recess arrangements may, at the discretion of the Head of Office, carry such untaken leave over from one year to the next up to a maximum of nine days. Leave untaken on resignation may be taken as pay in lieu at the discretion of the Head of Office.

5.7. All staff are required to record their annual leave on the forms prescribed by the organisation. Each Office is required to hold their own leave records, which will not be kept centrally.

5.8. Any casual worker will qualify for paid leave. The entitlement will be based on the number of days or hours worked per week and will be calculated pro rata with reference to the general staff entitlement of six weeks annual leave. The entitlement will be calculated by the Human Resources Office from information provided by the Offices concerned.

Recesses

5.9. The House is normally in recess for approximately two to three weeks at Christmas, and one week at the time of the Easter and Spring Bank Holidays. The main Summer Recess is currently expected to last from late July to early October. These dates may vary. The House may be recalled during a recess and should this happen absent staff will be expected to resume duty as required by Heads of Offices.

Paid and unpaid special leave

5.10. Staff are expected to use their normal leave or recess periods as far as possible for attending to their private affairs. Heads of Offices have discretion to grant paid special leave of up to two days; for longer periods the Director of Human Resources must be consulted in writing. For periods longer than one week the Director of Human Resources will seek the approval of the Clerk of the Parliaments or Black Rod. Circumstances in which special leave may be allowed include:

(1) a short-term domestic crisis (e.g. serious illness or death of a close relative);

(2) marriage;

(3) a pregnancy (see paragraphs 6.1 to 6.20) or birth of a child;

(4) study leave (see paragraph 7.25 and Appendix A);

(5) attendance at training camps or camps or call out of the auxiliary or reserve forces (though before volunteering for such forces staff must obtain the consent of their Head of Office);

(6) official duties connected with trade union or Whitley Committee business.

5.11. Unpaid special leave may also be granted on application to the Human Resources Office and with the consent of the Head of Office. Where unpaid leave is granted it does not, as a rule, reckon as service for the purpose of superannuation awards.

5.12 Additional statutory provisions for paid and unpaid leave for those with parental and caring responsibilities are set out in Chapter 6.

Leave to observe religious festivals

5.13. Line managers or Heads of Office should be given notice of any request for time off to observe a religious festival other than Christmas or Easter (when the House does not sit). Where any leave is so taken it may count against annual leave entitlement or the member of staff concerned may be asked to work other days in lieu.

5.14. The line manager or Head of Office will consider any request for leave to participate in a major religious festival in the light of workloads and the affect that any absence will have on the service. Requests will not be refused unreasonably and if refused, the Head of Office will give reasons. Any concerns about the provision of time off to participate in major religious festivals or to pray should be addressed to the Equal Opportunities and Diversity Officer who can offer further advice and support.

5.15. To assist in planning and maximising the opportunity for time off to be granted, it would be helpful if staff could make leave requests in good time.

Performance of Public duties

5.16. Staff who become Justices of the Peace (JPs) or who take on other civic duties are entitled to reasonable time off for these duties. The amount of leave allowed, and whether it is paid or unpaid, will depend on how much time is required, how much has already been taken for this purpose and the effect of your absence on the work of your section. If you are considering taking on such responsibilities you should speak to your grade manager in the Human Resources Office.

5.17. Staff who are members of the auxiliary or reserve forces may be allowed leave to attend training courses or camps. Before volunteering to join these forces you must obtain the written consent of the head of your department.

5.18. Public duties may include membership of any of the following: a local or police authority; a statutory tribunal; a NHS trust or health authority; the governing body of a school or college; a prison Board of Visitors; and the Environment Agency.

Participation in elite sporting events

5.19. Staff who are selected to participate in elite sporting events may be allowed leave to attend training or to participate in such events. This leave will normally be unpaid and prior approval must be sought from the Head of Office concerned and from the Director of Human Resources.

Sick absence

Sick leave

5.20. Provided that there is a reasonable prospect of recovery and return to duty, sick leave may be allowed as follows:

(1) Staff who are employed for 15 hours a week or more are allowed no more than 12 months sick absence in any period of 4 years. Within this limit they are allowed no more than 6 months sick absence on full pay within any period of 12 months. Any further absence within the overall maximum must be at no more than half pay.

(2) Temporary and casual staff may be allowed sick leave on full pay within a limit of one week for every completed four weeks of effective service.

(3) Part-time staff may be allowed sick leave on full pay on a pro rata basis.

(4) Staff in receipt of a night duty allowance lose the allowance after 90 days continuous sick absence

5.21. Staff who exhaust their entitlement to occupational sick pay may be eligible to claim social security benefit from the Department for Work and Pensions, and will be issued with the appropriate DWP form to enable them to do so.

Notification of sick absence

Action by staff when the House is sitting

5.22. When the House is sitting absence must be notified to the Head of Office, Line Manager or to a designated member of that Office who in turn will notify the Human Resources Office. If a message is left the Line Manager or absence monitor may need to telephone the absent person to confirm details relating to the absence. Only in exceptional circumstances should someone else call on behalf of the absent employee, e.g. if the employee is in hospital. When the employee telephones in sick it is necessary for them to explain what is wrong and when they expect to return to work. It is not necessary, however, to disclose the precise nature of the illness at this stage if there is a question of confidentiality. If staff are off work for more than two days it is necessary to keep the Line Manager informed as to when they expect to return to work. It is also necessary for the absent employee to agree when they will next contact the Line Manager with regard to their continuing absence. It is important, during extended periods of absence, that Line Managers and the absent employee keep in regular contact.

5.23. If the absence is due to an accident at work an Accident Report Form should be completed immediately. If the absent employee cannot do this they should ask their Line Manager to complete the form on their behalf.

5.24. It is the responsibility of all employees to know the procedures that apply in the event of absence from work. If the correct procedures for reporting are not followed, or if the appropriate self or medical certificate fully covering the absence are not supplied, the absence (or part of it) may be treated as unauthorised and disciplinary action may result. If staff are unsure about any aspect of notification they should consult their Line Manager or the Human Resources Office.

5.25. Staff must produce a certificate for all sickness absence of one day or more. The line manager should notify the Human Resources Office in writing using an absence reporting form (NA1) by noon on the first working day on which a member of staff is unable to work because of illness. Only in exceptional circumstances should this be delayed beyond the first working day. Under the normal sick pay rules this should be followed by either:

(1) a self-certificate on return to work if the sick absence lasted seven calendar days or less; or

(2) a self-certificate covering the first seven days together with a statement by a qualified medical practitioner covering absence from the eighth day, which should be produced by the ninth day of absence unless good cause can be shown for any delay.

5.26. The forms necessary for notification and self-certification purposes should be obtained from the Office in which the member of staff works or from the Human Resources Office. They are also available on the Human Resources section of the Intranet. They should be returned completed to the Human Resources Office. Where a doctor is consulted within the first seven days of incapacity and is satisfied that the member of staff will be unable to work for longer than seven days, the doctor may issue a medical statement which covers only the forward period, in which case the member of staff must certify his or her absence for the earlier days of incapacity.

Action by staff during annual holiday or when the House is not sitting

5.27. Periods of illness occurring during a period of annual leave, or during a recess whether or not the member of staff concerned is required to be on duty at that time, should be notified to the member of staff's Office as soon as practicable. This is because the House of Lords' rules for occupational sick pay require all such periods of incapacity for work to be recorded and paid for as sick pay. Individual Offices issue their own instructions on the arrangements for notifying and certifying sick absence during recess periods.

5.28. Failure to notify spells of sickness in good time or to provide evidence of incapacity may, under the rules referred to above, result in the payment of occupational sick pay being delayed or withheld.

Recording sick absences

5.29. Sickness absences are recorded on the Human Resources Office database. The Human Resources Office supplies the Management Board and Heads of Office or their nominees with reports of sickness absence at regular intervals and when requested. The Human Resources Office has regular monitoring meetings with the OHSWS. The Human Resources Office will provide copies of individuals' sickness absence records on request.

5.30. Anonymised information will be shared with the Health and Safety Committee as requested and with the Trades Union Side (TUS).

5.31. The purpose of monitoring is to help managers, the Human Resources Office and the OHSWS to see if patterns of absence are developing and to take action. All managers are responsible for promoting a safe and healthy working environment and preventing injury and ill health among their staff, as far as it is within their power to do so.

5.32. The Human Resources Office will notify the member of staff concerned, the Head of Office and the Welfare Officer of cases where in any period of 12 months an individual has had a total of 10 or more working days' absence and may require staff to be examined by the Occupational Health, Safety and Welfare Service. Heads of Offices have the discretion to refuse to authorise sick pay if the appropriate certificate is not provided by the member of staff concerned or by a qualified medical practitioner.

5.33. The Human Resources Office, in consultation with the Head of Office concerned, will also write to those members of staff who have been absent through sickness on five separate occasions in any 12-month period, with copies to the Head of Office concerned and the Welfare Officer. The Human Resources Office may require the member of staff concerned to be examined by the Occupational Health, Safety and Welfare Service.

Action on return to work

5.34. On return to work after a period of sick leave staff should report to their line manager or Head of Office. Line managers and Heads of Office must monitor unplanned absences and where health or welfare issues arise should ensure that appropriate support or assistance is offered. If necessary the Human Resources Office should be consulted

Return to work interviews

5.35. Return to work interviews are carried out following any sick related or unplanned absence. The Line Manager will have a brief chat with a member of staff who has been off sick, even for one day, principally to ask whether they are now feeling better, and to check whether they are really well enough to return to work. For most absences such a brief chat will suffice. Return to work interviews will always be conducted in private and staff should not feel they have to reveal personal information to their manager. Following the interview the normal absence form will be returned to HRO for filing in the usual way.

5.36. Staff who do not wish their Line Manager or designated officer to know the precise cause of their absence should place the certificate in a clearly sealed envelope.

5.37. If the illness is pregnancy-related this should be explained on the certificate.

Staff on probation

5.38. If a member of staff has an unsatisfactory absence record their appointment will not normally be confirmed. If attendance or performance gives cause for concern this will be brought to the attention of the employee and if there is insufficient improvement, the procedures for managing performance and attendance will be applied, however, the timetable may be of a shorter duration than for an established member of staff. If appropriate, the Line Manager will advise the employee to seek help from their Doctor, or from the Welfare Officer if there is a health, personal or domestic problem.

Staff with a disability

5.39. The House of Lords Administration seeks to support disabled members and help them to remain in work so far as it is practicable to do so. Under the Disability Discrimination Act 1995 a disability is defined as a physical or mental impairment which has a substantial, adverse and long term effect on someone's ability to carry out day-to-day activities. By 'long term' the Act means the condition has lasted, or is expected to last, more than a year, or for the rest of the person's life. The Diversity Officer (Margaret Pieroni) can advise further on whether particular conditions are likely to amount to disabilities within the meaning of the DDA. Managers should also take advice from the Human Resources Office before resorting to inefficiency action against a member of staff who has a disability within the meaning of the Act.

If attendance does not improve

5.40. Very few staff are persistent poor attenders, but those who are do place a strain on colleagues who have to cover for them. In the end if their attendance does not improve they will be subject to the procedures for managing attendance and performance problems which can lead to dismissal. They have the right to be accompanied by a companion who is usually a colleague or Trade Union Representative at any interview which is part of these procedures.

Rehabilitation after sick absence

5.41. The return of staff to work after a serious illness or an operation may be assisted by a structured rehabilitation programme designed to assist the readjustment to a normal working pattern. This programme will be designed by the OHSWS and agreed by the member of staff and line manager in consultation with the Human Resources Office. Rehabilitation programmes will not normally be authorised for longer than three months in total.