House of Lords - House of Lords Staff Handbook - Seventeenth Edition

House of Lords Staff Handbook Seventeenth Edition

APPENDIX E:HOUSE OF LORDS CAREER BREAK SCHEME

(Paragraph 11.7)

Introduction

1. Unpaid special leave in the form of career breaks may be offered to staff in a variety of circumstances, eg to cope with domestic responsibilities such as the care of young children or the care of an elderly or dependent relative or to accompany a partner on transfer to employment in a new area. Career breaks are time limited and during the period of absence management arrange for staff to keep in touch through work experience and training. On termination of the career break staff have a right to return to a job similar to that which they undertook before the break and in the same grade.

2. The main purpose of the career break scheme is to enable staff to maintain the momentum of their careers and to allow the employing department to retain skilled and experienced staff who can return to work and contribute to the needs of the employing department.

3. Although applications for unpaid career breaks will be viewed sympathetically, the House of Lords is a small organisation and it may not always be possible to accede to every request. If a request is refused, reasons for refusal will be given.

4. It is not easy in a small organisation to cater for lengthy staff absences particularly at higher levels in small staff units. No member of staff is therefore entitled to a career break "as of right". The decision to allow a career break and its duration will therefore rest with the Director of Human Resources, with the agreement of the Head of Office.

Grounds and eligibility

5. It is expected that most career breaks will be made to enable staff to cope with domestic responsibilities; but other grounds will also be considered.

6. To be considered for a career break staff must:

(a) have satisfactorily completed their probationary period;

(b) be in permanent employment by the House at the time of application;

(c) have a good record of attendance;

(d) have a good record of performance in their last two annual appraisals (box 2 or more for catering grades);

(e) be prepared to keep in touch with the Human Resources Office and to undertake any work or training (up to 10 days a year) which may be proposed with a view to maintaining familiarity with developments in the work of their Office.

Length of career breaks and return to work

7. The length of break allowed will depend upon the circumstances of each case but will not exceed four years. In exercising their discretion, the Director of Human Resources and Head of Office will have regard to the work needs of the Office.

8. Following an approved career break, a member of staff is entitled to return to a similar job in the same pay span, but not necessarily to the post vacated or to the same Office.

9. At least six months' notice of return to work must be given and longer notice may be required. The length of notice will be agreed with staff prior to departure. During the notice period staff will be interviewed to discuss work possibilities on return and other relevant arrangements eg familiarisation, training etc.

10. Staff who at any time during a career break decide not to return should give notice of resignation in the normal way. Any requirement to work out notice will, in such circumstances, be waived.

Career breaks and maternity leave

11. A period of unpaid leave may follow maternity leave. This means that in total a woman may take the full entitlement of paid and unpaid maternity leave followed by up to four years unpaid special leave, subject to discretion (see paragraph 7 above). Under the rules of the House of Lords Staff Pension Scheme (HLSPS) unpaid maternity leave does not qualify or reckon towards pension benefits.

12. Where unpaid leave directly follows maternity leave, the person is not normally expected to repay maternity pay at the end of the maternity leave period. Staff are still under an obligation to repay maternity pay if they resign at any time during the career break. (Any work undertaken for the Department during the career break may count against this commitment to repay).

13. To maintain their benefits staff will need to work for at least four weeks either immediately before or after the career break has finished, otherwise they will have to refund the difference between their full and statutory maternity pay.

Extension of career breaks

14. At the discretion of the Director of Human Resources and Head of Office a career break may be extended for an agreed period within the four year limit without the loss of the right to return to work to a similar job and in the same grade.

Temporary employment

15. Staff on career breaks should not engage in any other form of permanent paid employment. Anyone wishing to take a temporary job should consult the Director of Human Resources.

Effect on conditions of service

16. Generally speaking, an unpaid career break does not count as effective service for the purposes of pay, pensions, sick absences or leave. A stop the clock principle is operated so that benefits already accumulated are preserved until the individual returns to work. Conditions of service are affected as follows:

Performance Assessments and Performance Pay: All assessments, including promotion assessments, made before the break will be treated as continuous with those made after the break. Any pay increase due from annual performance markings covering the reporting year or part year before a period of absence will be credited. Unless the point at which a member of staff begins unpaid leave is within 6 months of the end of the reporting year, a staff report should therefore be completed.

Pay Revalorisation: On return to work after a career break, the pay of the member of staff will be revalorised in line with any revalorisation of the relevant pay span or Senior Staff Pay Band which may have occurred during his or her absence.

Pensions: Under the rules of the HLSPS, unpaid leave does not reckon towards pension benefits. However, it does count as qualifying service and an individual on a career break is therefore eligible for death and certain other benefits under the HLSPS. On return staff may, according to their eligibility, improve their pension benefits by making additional voluntary contributions or by buying added years.

Sick Absence: Periods of unpaid leave do not count towards requalifying for paid sick absence under the "1 year in 4" rule. The maximum amount of paid sick absence allowed is 12 months in any period of 4 years. Anyone who has exhausted this maximum paid sick absence before taking a career break would have to requalify again on return to work.

Promotion: Staff on unpaid leave are eligible to be considered for promotion. They will, however, be required to attend the promotion board and they must be prepared to curtail the break in order to take up the appointment in the higher span if asked to do so.

Maternity Leave: Staff on unpaid leave who become pregnant are not eligible for paid maternity leave or for SMP.

Seniority: Staff on unpaid leave will not lose seniority.

Redundancy: Staff who are on unpaid leave and who retire early on grounds of redundancy (whether voluntarily or compulsorily) receive compensation based on their pensionable pay calculated from whichever of the last three years of reckonable service gives the highest figure.

Conduct: A member of staff on a career break will remain subject to the provisions of the Staff Handbook relating to conduct, financial affairs, political activities etc.

© Parliamentary copyright 2008