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 six weeks annual leave entitlement.
5.4. All staff, except those in the Record Office and the Accountant's Office 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 Record and Accountant's Offices leave is arranged by the Clerk of the Records and the Accountant respectively. The normal minimum paid annual holiday entitlement for full-time staff is six weeks per year in every full year worked, plus public holidays. For part-time staff and staff who have worked for only part of the year, the entitlement will be calculated pro rata.
5.5. The annual leave year runs from 1 April to 31 March. 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.
5.6. 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.
5.7. 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 mid-July to early September, with a further recess at the end of September. 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
5.8. 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 Head of Human Resources must be consulted in writing. For periods longer than one week the Head 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 6.17) or birth of a child; (4) study leave (see paragraph 7.12 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.
5.9. 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.
5.10 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
5.11. 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.
5.12. 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.
5.13. 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.
5.14. 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.
5.15 Staff who exhaust their entitlement to occupational sick pay may be eligible to claim social security benefit from the Department of Social Security, and will be issued with the appropriate DSS form to enable them to do so.
Notification of sick absence
Action by staff when the House is sitting
5.16. 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. The notification to the Human Resources Office should be made 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.
5.17. 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.
5.18. 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.
Action by staff during annual holiday or
when the House is not sitting
5.19. 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.
5.20. 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.
5.21. 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 short-term absences total 14 or more working days for staff up to age 44 and 21 days for older staff, and may require staff to be examined by the Occupational Health 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.
5.22. The Human Resources Office 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 Service.
Rehabilitation after sick absence
5.23. 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.
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