Section 1: Absence, Leave and Pay

Annual Leave Entitlement

Your paid leave entitlement is set out in your individual contract of employment. The basic leave entitlement is equivalent to 30 days per annum (excluding Bank Holidays). Part time employees will receive an entitlement that is pro-rated according to their hours of work.

Bank Holidays

There are normally 8 Bank Holidays per year.

Part time employees 

If you work on a part time basis, you will receive an entitlement to bank holidays that is pro-rated according to your hours of work. For example, if you work 4 days a week (80% of full time), your entitlement will be 80% of 8 days: 6.5 days for Bank Holidays.

If your entitlement exceeds the number of Bank Holidays that fall on your normal working days, (typically because you don’t work on Mondays) you will be able to take the excess as holiday. If your entitlement is less than the number of Bank Holidays that fall on your normal working days, (typically because your normal working days include Mondays) then you can arrange with your manager whether the deficit will be either:

• Taken from your holiday entitlement;

• Worked back as additional hours; or

• Unpaid.

Leave Year

The leave year runs from 1st April to 31st March in the following calendar year. It is your responsibility to manage your leave in such a way that you are able to take it all during the leave year.

Carry Over of Leave

Where it has not been possible to take all your leave in the current leave year and only with prior consent from your manager, you will be permitted to carry forward up to 5 days leave. This should, wherever possible, be used within the first three months of the new leave year.

Requesting Leave

Leave can only be taken if permission has been given in advance by your manager. You should request leave with as much notice as possible to allow your manager to plan. Your manager may refuse requests for leave if they are given insufficient notice or if it will not be operationally possible for you to have the dates requested. If this occurs your manager will discuss alternative dates with you. Before granting leave, your manager will consider the team’s workload, the need for office or team cover, and whether other staff have or are likely to ask for the same time off.

A request for leave will not be unreasonably refused.

To avoid disappointment, you are therefore advised to book leave as far in advance as possible and to obtain permission before paying for flights and accommodation.

If you take holiday without such permission it will be treated as a case of unauthorised absence and dealt with under the Disciplinary Policy.

Leave in excess of 15 consecutive days will only be granted in exceptional circumstances.

Sickness during Leave

A period of sickness whilst on holiday which is covered by a doctor’s certificate will be treated as sickness absence and not annual leave, and you must comply with the requirements of the sickness reporting and certification procedure. It is important to make contact with your manager on the first day of absence, and to keep them up to date regarding your absence.

Payment of Annual Leave

Holiday pay is calculated on the basis of your current rate of pay.

Payment in Lieu

If you leave English Rural’s employment during the course of a leave year, and cannot take any outstanding holiday before leaving, you will receive a payment in lieu of any outstanding holiday. In such a case, a calculation will be made of the amount of paid leave due to you, on a pro rata basis, for that part of the leave year up to the date of termination of the contract.

If, however, you have taken more paid leave than is due by this calculation, then English Rural will deduct from your salary payments an amount at your basic daily rate for the days in question. Such a deduction will be deemed to be a contractually authorised deduction.

What to do if you are unwell

If you are away from work because of sickness you must conform to the following procedure. Failure to do so will make you liable for disciplinary action, on the basis of unauthorised absence.

By 10.00 a.m. on the first day of absence, you must telephone your manager (or the Governance and Business Support Manager, if your manager is unavailable), providing details and anticipated duration of the absence. If you are unable to notify personally due to the nature of the illness, someone else may make contact on your behalf. It is your responsibility to ensure English Rural is notified. You must then telephone again each time that your absence is extended beyond the anticipated duration of absence.

If the absence lasts between one and seven calendar days (including weekends and other non-working days), you must complete a self-certification form (Appendix A) and provide it to your manager on your return to work.

If the absence lasts for longer than seven days (including weekends and other non-working days), you must send in a ‘Fit to work’ statement from your doctor and continue to do so as each new certificate is issued to you. This certificate gives details as to whether you are too ill to work or whether you are well enough to work with suitable support from English Rural. This gives you and English Rural the opportunity to discuss suitable arrangements which will support your return to work. The form also gives more space for the doctor to provide information about your condition and helpful tick boxes to suggest common ways to help you return to work.

All sickness or injury absence will be entered on your employment record and will be monitored from time to time.

Persistent Short-Term Absence

This refers to cases where an employee is frequently absent from work for relatively short periods due to sickness. It is recognised that most employees will have some short-term sickness absence from time to time. However, it is essential that frequent absence is dealt with promptly and consistently and in some circumstances, English Rural may initiate the Disciplinary or Performance Improvement policies as part of the Absence Management process.

In the case where you have frequent absence due to an underlying long-term health condition then we may also request, with consent, a medical report either from an Occupational Health Physician or your G.P. or consultant to establish whether attendance is likely to improve and any advice or guidance they can give prior to making any decisions. We will in these circumstances consider any alternative employment options before making any decision about ending employment. You will have the right to be accompanied by a work colleague or trade union representative at formal meetings and a right of appeal against a formal warning or dismissal sanction.

The monitoring of absence operates on a rolling 52 week period.

Monitoring of Absences  (with effect from 1st March 2024)

Absences – Process for Formal Action  

Sickness absences from work will be regarded as frequent if, during any period of 6 consecutive months, an employee is absent from work for 10 or more working days, or on three separate occasions.   

If there are frequent absences as above, the English Rural will review the reasons for the absences and if your Line Manager deems it necessary, will issue the employee with a ‘High Level of Sickness’ letter. A copy of which will be placed on their personnel file.  English Rural may consider making reasonable adjustments, if it is identified that the employee has an underlying health issue.  

A record of all absences, discussions and medical certificates should be kept confidentially on the employee’s personnel file.  

The Manager will set reasonable targets and time limits for improvement in attendance and ensure that the employee is committed to achieving them.   

Continuing unsatisfactory attendance could result in formal capability action being taken, which could result in dismissal.

If the individual has any further sickness, which is not in line with improvement targets set, then formal capability action may be instigated.  

If formal capability action is considered, the Manager should invite the employee to a formal capability meeting. At the meeting, the manager should;   

discuss the original targets and time limits for improvement in attendance and should revise original targets and/or set new targets whilst ensuring that the employee is committed to achieving them;  

• Make it clear to the employee that the aim of the meeting is to find ways to improve their attendance;  

• Try to establish any underlying reasons for the employee's poor attendance level, for example, a health issue or personal problems;  

• Discuss and agree any further steps or targets that can be put in place to help the employee to improve their attendance;  

• Inform the employee of the possible outcomes of the meeting (dependant on stage), and that these will be confirmed in writing;  

• The employee will have the right to be accompanied at the meeting by a trade union representative, or work colleague.  

Where it appears that there may be an underlying health condition, then English Rural may request consent to obtain a medical report from the employee. This will allow further information to be obtained to help English Rural determine what appropriate support, or reasonable adjustments might be applicable.  See Medical Advice.

The manager will set out in writing the outcome of the meeting.  

The outcome of the meeting could be:  

Stage 1

Trigger point: 3 absences, or 10 or more working days, in a six-month period.

Outcome: Discussion with line manager and High Level of Sickness Letter issued.

Stage 2  

Trigger point: Failure to improve attendance, following issue of ‘High-Level Sickness Letter’.

Outcome: Attendance at a Formal Capability Meeting and possible First Formal Warning issued (live for 6 months).

Stage 3  

Trigger point: Failure to improve attendance following issue of ‘First Formal Warning’.

Outcome: Attendance at a Formal Capability Meeting and possible Final Formal Warning issued (live for 12 months) .

Stage 4  

Trigger point: Failure to improve attendance following issue of ‘Final Formal Warning’.  

Outcome: Potential Dismissal.  

Please note that the above shows the possible action that may be taken, but at each stage, the appropriate manager will assess the situation with the employee taking into account the individual circumstances, including the nature of the absences, length of service and the action being taken by the employee to improve their attendance.  

Appeals   

An employee who is given a warning or is dismissed under this procedure has the right of appeal. The appeal should be sent to the manager named in their outcome letter and set out the grounds on which the employee believes that the decision was flawed or unfair.  

An employee receiving formal capability action will be advised of their right to appeal at the time of receiving the formal capability warning or decision to dismiss.  

Wherever possible, the manager hearing the appeal will not have been involved in any previous stages of capability action.  

The individual making the appeal has the right to be accompanied at the appeal hearing by a fellow employee or trade union official.  

If an individual wishes to appeal against the formal capability warning or a decision to dismiss, they should do so in writing within 5 working days of the issuing of the warning or decision.  The individual should state clearly their grounds for appeal.  

Long term absence

As a guide, long-term absence is any absence which lasts or is expected to last over 4 weeks.

In all cases of long-term absence, it is essential for English Rural to maintain contact with you. In cases where the return date is less certain this will take the form of consultation and include:

• Discussions at the start of the absence and periodically throughout;

• Obtaining better information on your health and likely prognosis, ideally through an Occupational Health Physician;

• Where appropriate alerting you to the fact that your absence is becoming a problem; and

• Allowing you the opportunity to state your opinion of your condition and giving consideration to that opinion.

If the absence persists, English Rural may invoke the Performance Improvement Policy and may eventually consider ending the employment.

Following the probationary period, English Rural will not normally consider terminating your employment if you are absent from work due to genuine sickness or injury during the first six months of absence. Thereafter, the position will be reviewed periodically and ultimately it may become necessary from a business perspective to consider termination of employment. In these circumstances, the organisation will:

• Review your absence record to assess whether or not it is sufficient to justify dismissal;

• Consult with you;

• Obtain up-to-date medical advice;

• Advise you in writing as soon as it is established that termination of employment has become a possibility;

• Meet with you to discuss the options and consider your views on continuing employment, allowing you to be accompanied by a work colleague or trade union representative;

• Review if there are any alternative jobs that you could do prior to taking any decision on whether or not to dismiss;

• Arrange a further meeting with you to determine any appeal, allowing you the right to be accompanied by a work colleague or trade union representative;

• Following this meeting, inform you of the final decision;

• Allow a right of appeal against any decision to dismiss you on grounds of long-term ill health;

• Act reasonably towards you at all times.

Requesting time off work for routine medical or dental appointments

To make a request for time off to attend a routine medical or dental appointment, you should contact your line manager and provide as much notice as possible of when you need the time off and what option you are considering (see below). Where possible, please arrange your appointments as near to the start or end of the working day as possible. Your line manager may ask you to provide proof of the date and time of your appointment.

When requiring time off for routine/planned appointments please refer to the options below and discuss with your line manager:  

• Using holiday entitlement (for longer appointments e.g. where you need to take off more than an hour or when several are taken in quick succession)

• Using lunch breaks

• Making up the time you take off before or after the appointment

• Taking unpaid leave (for longer appointments e.g. where you need to take off more than an hour or when several are taken in quick succession)

Emergency appointments will be treated as sickness absence unless the employee wishes to take annual leave or unpaid leave for this absence.

Medical Advice

At various stages of managing your sickness absence or health issue, English Rural may want to obtain advice on your fitness for work from occupational health advisors or medical practitioners. Examples of when English Rural might refer you to occupational health or a medical practitioner include the following:

• To seek a medical report on your illness or injury;

• To establish when you might be able to return to work;

• To understand when you are likely to be fully fit to resume your normal duties;

• To understand what alternative duties you might be fit to undertake if you are unfit to resume your normal duties;

• To understand when you are likely to be fit to undertake any alternative duties;

• To ask for guidance on your condition, for example if there is a possibility that you are disabled or ambiguity as to the exact nature of the condition;

• To ask what reasonable adjustments could be made to working conditions or premises to facilitate a return to work;

• To understand the likely recurrence of the illness or injury once you have returned to work; and

• To discuss any adjustments that could be made to accommodate your disability if you are disabled.

English Rural will pay the cost of any such advice. You will have the right of access to the report. This is in accordance with the Access to Medical Reports Act 1988 where applicable. English Rural will also be provided with a copy of the report. 

If you choose not to consent to an Occupational Health referral, any decisions in relation to your employment may be made without the benefit of access to medical reports.

Further to the receipt of the medical report, a meeting will be arranged between you and your manager. The purpose of this meeting is to discuss the findings of the report and for all parties to consider the options available to you.

Return to Work Meeting 

When you return to work after a period of sickness absence, you will be required to attend a return-to-work meeting with your manager.  

The purpose of this will be:  

• To discuss the most recent period of absence,   

• To consider if there is any underlying medical problem,   

• To see if English Rural can assist in any way e.g. any reasonable adjustments which may be made  

• To highlight the level of absence if this is becoming a matter of concern in line with the monitoring of absences.

The Manager will also use this opportunity to discuss any developments in your work area, your workload and any tasks that you should refrain from doing for health reasons.  

The return-to-work form will be completed and retained in your personnel file.  

Falling sick during holiday

If you fall ill immediately before or during a period booked off as part of your holiday entitlement, you will need to comply with the normal notification and keeping-in-touch rules set out in this policy. In addition:

• The total period of incapacity is fully certificated by a qualified medical practitioner (where it exceeds seven days);

• You must contact English Rural (by telephone if possible) as soon as you know that there will be a period of incapacity during a holiday;

• You must submit a written request no later than 10 days after returning to work setting out how much of the holiday period was affected by sickness and the amount of leave wish to take at another time;

• Where you are overseas when you fall ill or are injured, evidence must be produced that you were ill by way of a medical certificate.

Where you fulfil all of the above conditions, English Rural will grant you the same number of days’ replacement holiday leave as the number of holiday days lost due to sickness or injury. You will need to amend the original holiday request you submitted for the period of leave you are postponing and obtain your manager’s written approval for the amendment.

Sickness or injury shortly before a period of planned holiday

If you are ill or are injured before the start of a period of planned holiday, and consequently unable to take the holiday, English Rural will agree to you postponing the holiday dates to another mutually agreed time. Any period of sickness absence will then be treated in accordance with English Rural’s normal policy on sickness absence.

You must submit a written request to postpone the planned holiday, along with any documentation required under this policy.

Days converted from a period of holiday to sickness absence count in the normal way under the procedure outlined in this policy.

Statutory Sick Pay

During periods of absence resulting from ill health, you may be entitled to Statutory Sick Pay, which is subject to the usual deduction for PAYE, National Insurance etc. Statutory Sick Pay is currently paid from the 4th day of absence from work. The Qualifying Days for SSP purposes will be your normal working days as laid down in the contract. Staff earning below the lower earnings limit of will not qualify for SSP.

Statutory rates are reviewed annually. Please visit www.gov.uk/statutory-sick-pay for the latest rates applicable.

Occupational Sick Pay

In cases of sickness absence, English Rural will pay the following, subject to you having complied with the requirements of the scheme:

• Up to 2 years' service receive 3 weeks' full pay,

• After 2 years' service receive 6 weeks' full pay,

• After 3 years' service receive 8 weeks' full pay,

• After 4 years' service receive 10 weeks' full pay,

• After 5 years' service receive 13 weeks' full pay.

When you are sick you will receive any entitlement to statutory sick pay combined with Occupational Sick Pay in such a way that at no time will your total pay when sick, exceed your normal pay.

Part time employees will receive an entitlement to Occupational Sick Pay that is pro-rated according to their hours of work.

English Rural’s sick pay year runs on a 52-week rolling period.

Sick pay eligibility

Your eligibility for occupational sick pay (and in some cases, SSP) will be lost:

• If you fail to follow the rules above on notifying English Rural about your absence;

• For any day not covered by a certificate (self-certificate or fit note as applicable) where relevant certificates are not provided in a timely manner;

• If you do not let English Rural know immediately that the certified medical professional has ticked ‘may be fit for work’ on your fit note;

• If you fail to cooperate with English Rural in implementing any suggestions for temporary adjustments made by your GP or our medical advisers;

• If you fail to keep in touch with us throughout your absence.

Sick pay that has been overpaid will be deducted from the next pay due, with prior notification to you.

Absence as a result of disability

Where you experience sickness absence as a result of a disability it will be treated in line with the provisions contained within the Equality Act 2010 (formerly as part of the Disability Discrimination Act 1995). This will include considering whether any reasonable adjustments can be made.

Introduction

This section sets out English Rural’s policy on maternity leave, pay, and arrangements surrounding returning to work after maternity leave.  It also sets out the procedures which English Rural and employees need to follow at various stages, before, during and after maternity leave.

This policy provides basic guidance on the health and safety aspects of working whilst pregnant, although full guidance can be obtained in the Health and Safety Policy which can be found in the Staff H&S Teams group.

The purpose of this policy and procedure is to provide managers and staff with clear and comprehensive information on English Rural’s maternity provisions. However, if you have any queries regarding this policy, or an aspect not covered in this section, you must not hesitate to speak to your manager.

Scope

This policy and procedure applies to all current employees, whether full or part-time, temporary, or fixed term.

English Rural’s policy is to comply with both the spirit and the letter of the law on maternity rights. To this end its aim is to inform all female employees of their maternity rights and to ensure those rights are understood.

Telling your manager that you are pregnant

As soon as you know that you are pregnant, you are encouraged to tell your manager. This is in your own interests and ensures that English Rural can take any necessary steps to look after your health and safety and that of your baby. As soon as you tell us that you are pregnant, English Rural will conduct an assessment of any health and safety risks to you or your baby.  Early notice also allows us to let you know what your rights will be to maternity leave and pay. However, you do have the right to wait until the 15th week before you expect the baby before telling us that you are pregnant. Either way, you are required to confirm in writing the fact that you are pregnant and when you expect to start your maternity leave. You can notify us by letter (attaching a copy of your MAT B1), or you may wish to use the form in Appendix B. If you notify us by letter, remember to give the date you intend to begin maternity leave. You should note that you have the right to change the start date of your maternity leave provided that you give at least 28 days written notice of the change.

Note on the MAT B1 certificate

The MAT B1 is a form signed by a doctor or midwife confirming your expected week of childbirth. Hospitals and GP’s surgeries have different policies regarding when the MAT B1 should be signed and who should sign it. The MAT B1 is not always issued automatically, and you may have to ask your doctor or midwife for a copy.

If you work in a role that requires heavy lifting or carrying it is considered essential that you also inform your manager of a suspected pregnancy, since some of the hazards associated with such work may present a risk in very early pregnancy.

Entitlements

Ante-natal care

During your pregnancy, your doctor or midwife will make regular appointments with you for ante-natal checks, scans, tests etc. You are entitled to take reasonable time off work to attend these appointments, regardless of your length of service or the hours that you work. This time off will be paid and you will not be expected to make up the time. The time off can include relaxation classes and parent craft classes where these are arranged by your doctor or midwife.

You should give your manager as much notice as possible of your appointments and, after the first one, should show them the appointment card from the hospital or clinic.

Maternity leave

You are entitled to take up to 52 weeks’ maternity leave.  This is made up of 26 weeks of ordinary maternity leave (OML) plus 26 weeks’ additional maternity leave (AML). You also have the right to return to work after the end of your OML or AML. This right applies to all female employees regardless of length of service or the number of hours worked per week.

You can choose when to start your maternity leave. This can be any date from the beginning of the 11th week before the week the baby is due. The law requires that you take a minimum of two weeks maternity leave immediately following the birth.

Sick leave during your pregnancy or maternity leave

If you are off sick due to a pregnancy-related illness any time after the beginning of the fourth week before the start of the expected week of childbirth (EWC), then your maternity leave period will begin straight away.

If you are off sick due to a non-pregnancy-related illness any time after the beginning of the fourth week before the start of the EWC, it will be treated as sick leave in the usual way.

Any pregnancy related sick leave taken before the start of the fourth week will also be treated as sick leave in the usual way.

Any sick leave at the end of your maternity leave will be treated as sick leave in the usual way.

Early births

If the birth of your baby occurs before the 11th week before the EWC or your planned date of leaving, your maternity leave will commence the day after your baby is born.

Maternity pay

English Rural offers maternity benefits dependent on length of service as follows:

Statutory Maternity Pay

You are eligible to receive 39 weeks Statutory Maternity Pay (SMP), if:

• You have at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth (EWC) (“the qualifying week”), and

• You have average weekly earnings in the eight weeks up to and including the qualifying week of at least the lower earnings limit for Class 1 National Insurance contributions.

If you qualify for SMP, it will usually be paid for a period of up to 39 weeks. Rates are fixed by law and are subject to tax and National Insurance deductions. During the first 6 weeks of this 39 week period, SMP is paid at 90% of your average weekly earnings; thereafter you will receive the weekly lower statutory maternity rate or 90% of your weekly earnings, whichever is the lesser amount. Your average weekly earnings are calculated over the 8 weeks prior to the end of your qualifying week (15th week before the EWC). See here for details of statutory rates – www.gov.uk/maternity-pay-leave.

If you do not qualify for SMP

If you do not qualify for SMP you may be eligible to receive Maternity Allowance and you should contact your local Jobcentre Plus for details of this benefit.

Note on the Maternity Allowance

Maternity Allowance is a state benefit which is not administered by the employer. Rates and eligibility will change over time, and you should check with your local Jobcentre Plus who now administers a number of work-related benefits. You can find more information at www.gov.uk/maternity-allowance.

Enhanced Maternity Pay

If you have at least one year’s service at the 11th week before the Expected Week of Childbirth (EWC), you are entitled to English Rural’s enhanced maternity pay (subject to conditions below), as follows:

•  6 weeks at full pay (inclusive of SMP), or SMP rate, whichever is the higher followed by

• 10 weeks at half pay (inclusive of SMP), followed by

• 23 weeks SMP, followed by

• 13 weeks unpaid leave.

Enhanced Maternity Pay is the payment which English Rural chooses to pay you (as a company benefit), provided you qualify. This company benefit is over and above what you are entitled to by law.

English Rural defines Enhanced Maternity Pay as the difference between Statutory Maternity Pay and your normal salary.

Conditions applying to payment of Enhanced Maternity Pay

To qualify for Enhanced Maternity Pay you:

• Must have 52 weeks’ or more service with English Rural at the Expected Week of Childbirth (EWC); and

• Will return to work for a minimum period of three months following your chosen period of maternity leave (up to 52 weeks leave).

This minimum period will be extended on a day-to-day basis if you take any annual leave or parental/shared parental leave within the three months following your return. In other words, for each day/week of annual or parental leave taken, you will be required to work a further day (or week where applicable) after the end of the three-month period, in order to meet the conditions of payment of Enhanced Maternity Pay.

Failure to return for the agreed period, (unless there are extenuating medical circumstances that prevents your return for the period required or in a redundancy situation), will result in you being required to repay all Enhanced Maternity Pay. Should you leave English Rural, this will be deducted from your final salary payment, and you will be required to repay any remaining amount directly to English Rural if your final salary payments do not cover the repayment.

Pay increases awarded during maternity leave

English Rural will ensure that, whilst you are on maternity leave, you are not left out of a pay award which you would ordinarily have been entitled to.  This means that if English Rural makes a pay award which takes effect any time between the start of the 8 weeks prior to the end of your qualifying week and the end of your maternity leave, then any occupational maternity pay you receive will be adjusted accordingly to reflect the pay increase.

The effect of maternity leave on contractual benefits

During your maternity leave you will be entitled to receive the contractual benefits that you would normally receive if you were at work, with the exception of cash benefits (e.g. remuneration and allowances). 

On return to work following OML and AML you are entitled to benefit from any general improvements to the rate of pay (or other terms and conditions) that you would have received had you been at work.

Annual leave

Your contractual annual leave entitlement continues to accrue during your maternity leave. You can choose to take any leave accrued, as a block, either before you commence maternity leave, immediately upon your return to work or a combination of the two. You should be aware that if you take the annual leave before starting maternity leave and then leave English Rural’s employment mid-way through the maternity leave, the usual deductions will apply from your final salary or, English Rural may ask for an appropriate refund.

Pension Scheme 

Occupational pension contributions continue during OML and during any period of paid maternity absence. For further information, contact your Pension Scheme Administrator.

Shared Parental Leave

You are entitled to curtail your maternity leave and pay and instead take shared parental leave and pay with your partner/the father of the child, subject to meeting the eligibility criteria. Shared parental leave enables parents to choose how to share the care of their child during the first year of birth. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. See the Shared Parental Leave and Pay Policy for more information.

Maintaining Contact during Maternity Leave

Some people choose to have little if any contact with work during their maternity leave while others want to maintain a high level of contact. Before you start your maternity leave, your manager will meet with you to discuss reasonable contact arrangements during your maternity leave.

Below is a list of the sorts of information you may want to be kept informed about:

• Notes of team and other important meetings;

• Details of internal vacancies which arise;

• Details of important announcements given in the team meeting;

• Details of significant developments to working practices;

• Details of changes to the team structure;

• Details of any training courses which are offered to the team.

There may be occasions when English Rural needs to contact you even if you have indicated that you do not wish to be contacted. In these circumstances contact will only be made when there is significant information which might affect you. For example, where there are changes proposed to the job you are expected to return to.

Keep in Touch (KIT) Days

You may work for up to 10 days during your maternity leave. KIT days can only be worked by mutual agreement; that is to say both the employee and employer must agree to the work/training taking place. When agreeing KIT days, you and your manager should agree the type of work to be carried out and the duration. Particular care should be taken when agreeing a rate of pay because payment for KIT days is off-set against Statutory Maternity Pay and not in addition to it. Therefore, you and your manager should agree a rate that is acceptable to both for that week which must be equal to or in excess of the rate of SMP.

Returning to Work

You have the right to resume working in the same job if returning to work from ordinary maternity leave. If you return to work after a period of additional maternity leave, you are entitled to return either to the same job or, if this is not reasonably practicable, to another suitable job that is on terms and conditions not less favourable.

English Rural will assume that you will take your full maternity leave entitlement and intend to return to work doing the same job, with the same hours, unless you notify English Rural, in writing, or request otherwise.  In other words, you do not have to notify us if you intend to return to work at the end of your additional maternity leave (AML).

If you want to return to work before the end of your maternity leave, you will need to notify your manager in writing giving at least eight weeks’ notice of your intended return date.  If you do not give at least eight weeks’ notice, your manager may delay your return to work by up to a further eight weeks where s/he has good reason.

If you choose not to return to work, you must give English Rural your normal notice in writing as specified in your contract of employment. Please take note of the rules around the repayment of Enhanced Maternity Pay (see above).

Requesting a change to your pattern of work

You have the right to request that English Rural considers changing your pattern of work. If you would like further information about this right and how to request a change of hours or pattern of work, please speak to your manager and refer to the Flexible Working Policy.

Your Health and Safety

The following brief notes are intended to highlight the main health and safety considerations whilst you are at work during pregnancy and on return as a new mother.

English Rural wishes to ensure that every reasonable precaution is taken to safeguard your well-being and that of your baby both before and after birth. English Rural expects that you will look after yourself and co-operate with health and safety measures introduced for your benefit.

It is not sensible, however, to establish more than general principles since much will depend on the nature of the work you do and your individual standard of fitness and medical requirements. You are strongly advised to discuss with your own doctor the nature of your work and any concerns you have both when contemplating pregnancy, as the pregnancy progresses and on return to work after the birth of your baby.

Risk Assessment

Whilst most women are able to work normally during pregnancy there are some duties which are best avoided or minimised. The main risks and whom they might affect are listed in Appendix C. Your manager may be able to reorganise your work to avoid/minimise such duties or may arrange different work for you within your capability, for health and safety reasons. Only in exceptional cases would other action be required e.g., suspension on medical grounds or other appropriate action.

Once you tell your manager of your pregnancy, your manager will hold a meeting with you to discuss health and safety issues. In consultation with you, your manager will complete a “Risk Assessment for Expectant Mothers and Returnees” (Appendix D), agreeing with you any measures to be taken. Your manager will hold regular meetings with you throughout your pregnancy in order to review the initial assessment. If you have any concerns, please raise these directly with your manager.

Note on risk assessments

It is important that the content of the generic risk assessment is understood by both you and your manager. If you do have any queries about the risk assessment, you should not hesitate to contact the Health & Safety Officer.

Note on rest facilities

Pregnant and nursing mothers can take rest breaks in a meeting room or a comfortable chair away from the work area.

Paternity Leave and Pay Policy

Introduction

English Rural will provide adoption leave and pay in accordance with current legislative requirements. This guide provides a summary of your rights to adoption leave and pay, and the associated qualifying and administrative arrangements.

The following rights are available to all current employees, whether full time or part time, temporary or fixed term.

English Rural’s policy is to comply with both the spirit and the letter of the law on adoption leave and pay rights. To this end its aim is to inform all employees of their adoption rights and to ensure those rights are understood.

Qualifying Criteria

To qualify for adoption leave, you must be newly matched with a child for adoption by an adoption agency. There is no length of service requirement for adoption leave.

Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a stepparent is adopting a partner’s children.

Telling your Manager that you are Adopting a Child

You must inform your manager of your intention to take adoption leave within 7 days of being notified by your adoption agency that you have been matched with a child for adoption unless this is not reasonably practicable. You need to tell your manager when the child is expected to be placed with you and when you want your adoption leave to start.

You can change your mind about the date on which you want your leave to start providing you tell your manager at least 28 days in advance (unless this is not reasonably practicable).

English Rural will then write to you, setting out the date on which they expect you to return to work if the full entitlement to adoption leave is taken.

Matching certificate

You must give English Rural documentary evidence from your adoption agency as evidence of your entitlement to SAP. Employers can also ask for this as evidence of entitlement for adoption leave. You should ask your adoption agency for this documentary evidence, which may be provided in the form of a matching certificate which includes basic information on matching and expected placement dates.

Adoption appointments

The primary adopter is entitled to take paid time off for up to five pre-adoption appointments. The co-adopter is entitled to take unpaid time off for up to two pre-adoption appointments. This time off is capped at six and a half hours’ time off work on each occasion. You should give your manager as much notice as possible of your appointments and, after the first one, should show them the appointment card/letter.

Entitlements

Your entitlements to the following all mirror the rights and entitlements set out in the Maternity Leave and Pay Policy which includes:

• Adoption pay and contractual adoption pay;

• The length of time that you can take as adoption leave;

• The entitlement to pay awards;

• The arrangements regarding keeping in touch with the office during your adoption leave;

• The right to transfer some of your adoption leave, under the Shared Parental leave provisions;

• The effect of adoption leave on contractual benefits; and

• Your entitlement to annual leave.

Adoption leave can start:

• From the date of the child’s placement (whether this is earlier or later than expected); or

• From a fixed date which can be up to 14 days before the expected date of placement.

Only one period of leave is available irrespective of whether more than one child is placed for adoption as part of the same arrangement.

If the child’s placement ends during the adoption leave period, you can continue adoption leave for up to eight weeks after the end of the placement.

Shared Parental Leave

You may be entitled to curtail your adoption leave and pay and instead take shared parental leave and pay in conjunction with the co-adopter, subject to meeting the eligibility criteria. Shared parental leave enables parents to choose how to share the care of their child during the first year of placement. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. See the Shared Parental Leave and Pay Policy for more information.

Pay during Adoption Leave

Statutory Adoption Pay is paid for up to 39 weeks. The rate of Statutory Adoption Pay is the same as the standard rate of Statutory Maternity Pay Statutory rates are reviewed annually. Please visit www.gov.uk/adoption-pay-leave for the latest rates applicable.

Adopters who have average weekly earnings below the Lower Earnings Limit for National Insurance Contributions do not qualify for SAP. You should contact your adoption agency as you may be able to receive financial support in relation to you adoption payment.

Pension Scheme

Occupational pension contributions continue during OAL and during any period of paid adoption absence. For further information, contact your Pension Scheme Administrator.

Requesting a Change to Your Pattern of Work

You have the right to request that English Rural considers changing your pattern of work. If you would like further information about this right and how to request a change of hours or pattern of work, please refer to the Flexible Working Policy and speak to your manager.

Introduction

This policy applies to all current employees, whether full or part-time, temporary, or fixed term. It does not apply to agency workers or to self-employed contractors.

The purpose of this policy and procedure is to provide managers and staff with detailed information about our shared parental leave (SPL) provisions. This section also sets out our policy on SPL, Shared Parental Pay (ShPP) and arrangements surrounding returning to work after SPL. It also sets out the procedures which we need to follow at various stages, before, during and after SPL.

SPL also applies where a child is placed for adoption. The arrangements in relation to adoption are very similar to those that apply in relation to the birth of a child. If you are considering taking SPL in relation to the adoption of a child, you should contact the Governance and Executive Support Manager who will provide you with further information regarding eligibility and notice requirements.

Shared Parental Leave should not be confused with (ordinary) Parental Leave which is detailed separately in the Ordinary Parental Leave Policy.

Summary of SPL

SPL allows working parents to share periods of leave and/or pay entitlement following the birth of a child. Up to 50 weeks statutory maternity/adoption leave (SML/AML) and up to 37 weeks statutory maternity/adoption pay (SMP / SAP) may be available to be shared. The leave can be shared so that it is taken at the same time as your partner or at different times.

How much leave or pay can be shared will depend upon how much maternity/adoption leave and maternity/adoption pay has been used by the child’s mother/primary adopter. It is only the untaken balance that can be taken as SPL. If for example the mother/primary adopter is entitled to 52 weeks maternity/adoption leave and 39 weeks maternity/adoption pay and has taken 16 weeks leave and pay, the balance of 36 weeks leave (52 – 16 weeks), and 23 weeks’ pay (39 – 16 weeks) can be shared.

In order for SPL to be taken, the child’s mother or main parent must meet the eligibility criteria and bring her/his entitlement to maternity/adoption leave or maternity/adoption pay or maternity allowance (MA) to an end. However, if you are the child’s birth mother you must take the compulsory 2 weeks maternity leave following birth.

If you are the child’s father or mother’s partner you must also meet eligibility criteria to take SPL. If the mother/primary adopter is not going to take SPL but stay with maternity or adoption leave and pay, you may still have an entitlement to statutory paternity leave and pay.

Eligibility Criteria

SPL can only be used by two people:

• The mother/primary adopter; and

• Either the father of the child, or the spouse, civil partner, or partner of the child’s mother/adopter.

Both parents must share the main responsibility for the care of the child at the time of the birth/placement for adoption.

The eligibility criteria are outlined in the forms contained as appendices to this policy.

Evidence of entitlement

English Rural may, within 14 days of the SPL entitlement notification being given, request:

• The name and business address of your partner’s employer (where your partner is no longer employed or is self-employed, their contact details must be given instead);

• In the case of biological parents, a copy of the child’s birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth); and

• In the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which they were was notified of having been matched with the child and the date on which the agency expects to place the child for adoption.

To be entitled to SPL, you must produce this information within 14 days of our request.

Forms which need to be completed

Mothers opting to take SPL

Any mother who wants to take SPL will need to give us 3 notices/declarations:

1.           Leave curtailment notice (see Appendix E)

This gives us written notice that you will end your maternity leave in favour of taking SPL.

2.           Opt-in notice (see Appendix F)

This explains that you are entitled to take SPL and that you intend to take it.

3.           Period of leave notice (see Appendix G)

This sets out the start and end dates of your SPL and if you intend to claim ShPP if applicable.

NOTE: These notices can be given to us at different times, but we must receive them at least 8 WEEKS BEFORE YOU INTEND TO TAKE SPL.

Fathers (or partners of mothers) opting to take SPL

You must give us, no later than 8 weeks before you want the SPL to start:

1.           an opt-in notice; (see Appendix H) and;

2.           a period of leave notice (see Appendix G).

Booking Shared Parental Leave

SPL can only be taken in complete weeks but may begin on any day of the week. For example, if a week of SPL began on a Tuesday it would finish on a Monday. If you return to work between periods of SPL, the next period of SPL can start on any day of the week.

SPL can be taken at any time until 12 months after the baby is born. It cannot start until 2 weeks after the birth.

You can choose to take SPL at the same time as your partner or at different times to your partner. For each week that you are both on SPL, two weeks of your entitlement to leave and pay will be used.

You can choose to take a continuous block of time, or you can ask to take it as discontinuous periods.

Continuous leave notifications (also known as ‘notices’)

A notification can be for a period of continuous leave, which means a notification of a number of weeks taken in a single unbroken period of leave (for example, 6 weeks in a row).

You have the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of SPL available to you and English Rural has been given at least 8 weeks’ notice. You may submit up to 3 separate notifications for continuous periods of leave.

Discontinuous leave notifications (‘notices’)

A single notification may also contain a request for 2 or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where you return to work (for example, an arrangement where an employee will take 6 weeks of SPL by working every other week for a period of 3 months).

Where there is concern over accommodating the notification, you or English Rural may request a meeting with a view to agreeing an arrangement that meets the needs of both parties (see ‘Discussions regarding SPL’).

English Rural will consider a discontinuous leave notification but has the right to refuse it (unless the blocks of leave are requested on up to three separate notifications. If the leave pattern is refused, you can either withdraw it within 15 days of giving it, or you can take the leave in a single continuous block.

You have the right to submit up to 3 notices specifying leave periods you are intending to take. Remember that if you want to change your mind over a period of SPL and submit a variation notice, this will count as another of the 3 notices. If you withdraw a notice for discontinuous leave within 15 days of submitting it, it won’t count as one of the 3 notices.

Maximum number of blocks of leave

The total number of periods of leave which you will be able to take is 3.

Responding to a SPL notification

Once we receive the leave booking notice, we will deal with it as soon as possible, but a response will be provided no later than the 14th day after the leave request was made.

All eligible notices for continuous leave will be acknowledged in writing.

All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to the employee and to English Rural against any adverse impact to the business.

If we believe that it will be difficult to accommodate a request for discontinuous leave you will be invited to discuss this at a formal meeting. At the meeting you may, if you wish, be accompanied by a workplace colleague or a trade union representative. The purpose of the meeting is to discuss:

• The leave proposed;

• What will happen while you are away from work;

• How the leave proposal could be agreed;

• Whether a modified arrangement would be agreeable; and

• What the outcome may be if no agreement is reached.

Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL. You will be informed in writing of the decision as soon as is reasonably practicable, but no later than the 14th day after the leave notification was made. The request may be granted in full or in part: for example, English Rural may propose a modified version of the request.

Variations to arranged SPL

You have the right to vary or cancel an agreed and booked period of SPL, provided that you advise us in writing at least 8 weeks before the date of any variation. Any new start date cannot be sooner than 8 weeks from the date of the variation request.

A change as a result of a child being born early, or as a result of English Rural requesting it be changed and with the employee being agreeable to the change, will not count as one of the 3 notifications. Any variation will be confirmed in writing by English Rural.

Shared Parental Pay (ShPP)

Statutory ShPP of up to 39 weeks (less any weeks of statutory maternity/adoption pay claimed by you or the other parent) may be available provided you have at least 26 weeks’ continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid at a rate set by the government each year. Go to www.gov.uk/shared-parental-leave-and-pay for the latest rates applicable.

The Effect of SPL on Contractual Benefits

Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.

Annual Leave

Annual leave entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over and must be taken immediately before returning to work unless your manager agrees otherwise. Please discuss your holiday plans with your manager in good time before starting SPL. All holiday dates are subject to approval by your manager.

Pension Scheme

If you are a member of the pension scheme, we will continue to make the employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the actual amount of any ShPP you are receiving. You must inform the Governance and Executive Support Manager if you wish to make up any shortfall in employee contributions.

Maintaining Contact during SPL

Some people will choose to have little if any contact with work during their SPL while others want to maintain a high level of contact. Before you start your SPL, your manager will meet with you to discuss reasonable contact arrangements during your SPL. Below is a list of the sorts of information you may want to be kept informed about:

• Notes of team and other important meetings;

• Details of internal vacancies which arise;

• Details of important announcements given in the team meeting;

• Details of significant developments to working practices;

• Details of changes to the team structure;

• Details of any training courses which are offered to the team.

There may be occasions when we need to contact you even if you have indicated that you do not wish to be contacted. In these circumstances contact will only be made when there is significant information which might affect you. For example, where there are changes proposed to the job you are expected to return to.

Shared Parental Leave InTouch (SPLIT) Days

You may ask or be asked to work (including attending training) on up to 20 “keeping-in-touch” days during your SPL (SPLIT days). This is in addition to any KIT days that you may have taken during maternity/adoption leave. SPLIT days are not compulsory and must be discussed and agreed with your manager.

You will be paid at your normal basic rate of pay for time spent working on a pre-agreed SPLIT day and this will be inclusive of any ShPP entitlement. Alternatively, you may agree with your manager to receive the equivalent paid time off in lieu.

Returning to work

If you want to end a period of SPL early, you must give us 8 weeks’ prior notice of the return date. It is helpful if you give this notice in writing. If you have already used your three notifications to book and/or vary leave then we do not have to accept the notice to return early but may do if it is considered to be reasonably practicable to do so.

If you want to extend your SPL you must submit a new Period of Leave Notice at least 8 weeks before the date you were due to return to work, assuming you still have SPL entitlement remaining and have not already submitted 3 periods of leave notices. If you are unable to request more SPL you may be able to request annual leave or ordinary parental leave, which will be subject to business need.

You will have been formally advised in writing by us of the end date of any period of SPL. You are expected to return on the next working day after this date, unless you notify us otherwise. If you are unable to attend work due to sickness or injury, the normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence.

On returning to work after SPL, you are entitled to return to the same job if your aggregated total statutory maternity/paternity/adoption leave and SPL amounts to 26 weeks or less. The same job is the one you occupied immediately before commencing maternity/paternity/ adoption leave and the most recent period of SPL, on the same terms and conditions of employment as if you had not been absent.

If your maternity/paternity/adoption leave and SPL amounts to 26 weeks or more in aggregate, you are entitled to return to the same job you held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is both suitable and appropriate and on terms and conditions no less favourable.

Fraudulent claims

Where there is a suspicion that fraudulent information may have been provided or where we have been informed by the HMRC that a fraudulent claim was made, we will investigate the matter further in accordance with the Disciplinary Policy.

Introduction

This section sets out English Rural’s policy and procedure on parental leave. Ordinary Parental leave should not be confused with Shared Parental Leave (SPL) provisions detailed in a separate policy. (Ordinary) Parental Leave is available in addition to SPL and offers qualifying parents the right to take unpaid time off work to look after their child or make arrangements for their welfare.

The purpose of this policy is to provide managers and staff with clear and comprehensive information on English Rural’s parental leave provisions. However, if you have any queries regarding this subject, or an aspect not covered by this section, please contact your manager.

Scope

This policy and procedure apply to all current employees of English Rural, whether full or part-time, temporary, or fixed term.

Policy

English Rural’s policy is to comply with both the spirit and the letter of the law on parental leave. To this end its aim is to inform all employees of their rights in relation to parental leave, and to ensure those rights are understood.

Purpose of parental leave

The purpose of parental leave is to look after your child, or to make arrangements for the good of the child. For example, parental leave can be taken to accompany a child during a stay in hospital, check out new schools, settle the child into new childcare arrangements or to enable your family to spend more time together.

Eligibility for parental leave

To qualify for parental leave, you must:

• Have at least one year’s continuous service with English Rural by the time you want to take the leave; and

• Have parental responsibility for the child; and

• Use the parental leave to look after the child; and

• The child must be under the age of 18.

Amount of parental leave

If you are eligible for parental leave you will be entitled to receive up to 18 weeks’ unpaid leave for each child. If you have twins, you will be entitled to receive two lots of 18 week’s unpaid leave in the same way as you would if you had two children of different ages.

The limit on how much parental leave each parent can take in a year is 4 weeks for each child, unless English Rural agrees otherwise.

The amount of parental leave you are entitled to is taken with you if you move jobs. For example, if you are eligible for a total of 18 weeks parental leave and have already taken 5 weeks parental leave with a previous employer, you will need to work for English Rural for a year before qualifying for the remaining 13 weeks. The only exception to this is in the case of a disabled child, where the year’s qualifying service does not have to be met.

You will be able to take leave in blocks of one week, subject to a maximum of four weeks at any one time and in any one year. If your child is disabled, you will be able to take odd days.

A week equals the length of time an employee normally works over 7 days.

Requesting parental leave

If you would like to take a period of parental leave, you will need to advise your manager in writing at least 21 days before you wish to take the leave.

Postponing leave

In some circumstances, your manager will not be able to grant your request for leave, for example where your absence would substantially affect service delivery.  If this is the case, s/he will write to you within 7 days of your request, explaining why, and postponing your leave for not more than six months, starting from the date on which you originally wished your leave to begin.

Your leave will not be postponed if you are taking parental leave immediately after the birth or adoption of a child.

Parental leave and maternity or adoption leave

You can request to take parental leave at the end of a period of maternity, adoption or shared parental leave.

If you do not qualify for parental leave

If you do not qualify for parental leave but need to take time off to care for your child or children, please speak to your manager. Your manager will explore whether other options are available.

Annual leave and parental leave

You will continue to accrue annual leave in the normal way whilst you are on a period of parental leave.

Pay increases awarded during parental leave

English Rural will ensure that, whilst you are on parental leave, you are not left out of a pay award which you would ordinarily have been entitled to. This means that if English Rural makes a pay award which takes effect during your parental leave, then when you return to work, you will return to the ‘new’ rate of pay that applies to the job you are returning to.

Returning to work

When you return from a period of parental leave you will be entitled to return to the job you left. However, if you have also taken other periods of statutory leave, for example paternity leave, and your total leave amounts to over 4 weeks, then English Rural may (in exceptional circumstances) require you to return to another job. Any alternative job which is offered must be suitable and appropriate for you to do in the circumstances and the terms and conditions will be no less favorable.

Dependent's Emergency Leave Policy

It is impossible to provide a complete list of circumstances that are covered under this policy, however, the most common circumstances are as follows: 

• Family bereavement or the serious, sudden illness of a close family member;

• Attending the funeral of a family member.

All employees are eligible to take compassionate leave subject to following the correct procedure. Requests for additional compassionate leave will be considered on an individual basis with regard to the circumstances.

As soon as is reasonably practical, contact your manager (or if not available, the Business Support Officer) by telephone to explain the circumstances, and if possible, an indication of the length of time off you are likely to need. During the period of compassionate leave, you are required to contact your manager to update him or her on the circumstances as well as discussing a likely date of return to work.

A record of compassionate leave will be kept on your Personnel file and the amount of leave will be monitored.

Compassionate leave is paid at your normal rate of pay for up to two days per annum and at the discretion of the management. Should you need more than two days compassionate leave, you will need to discuss this with your manager.

Purpose and scope

In recent years there has been a growing demand for flexible working, both from individuals who want to achieve a better balance between their work and home life and from employers wanting to align their business needs with the way their employees work and customers/clients’ needs.

This policy has been written to explain the process which English Rural will use to respond to requests by staff to vary how they work. It applies to all eligible staff, regardless of whether they work full or part-time or have a temporary contract of employment. It does not apply to agency staff.

In advance of the implementation date for the amendments to the Flexible Working Bill, English Rural has adopted the planned changes. Therefore all employees can make an application to work flexibly from day 1 of employment. The revised law will also provide the employee with the right to make two applications in any 12-month period, although you may still enquire about flexible working at any time.

Note that while employees have the statutory right to request flexible working, there is no automatic right to working flexibly. However, English Rural will seriously consider any statutory application, and will only reject it if there are legitimate business reasons for doing so.

Making the request

If you want to request a different pattern or hours of work, you should complete the flexible working application form in Appendix I.

Responding to your request

Once we receive your written request, we will write to you to arrange a meeting within 28 days unless we agree to your request immediately. It may be that we need to ask you to supply further details before the meeting. If there is likely to be a delay in discussing your request, we will inform you. We will aim to deal with requests (including any appeal) within three months. If the request cannot be dealt with within three months, we may extend this period, provided you agree to the extension. You will have the right to be accompanied, at the meeting, by a work colleague.

Your request will be fully discussed at the meeting. English Rural will carefully consider your request, looking at the benefits of the requested changes on working conditions for you as an employee and the organisation and weighing these against any adverse business impact of implementing the changes.

Having considered the changes you are requesting and weighing up the advantages, possible costs and potential logistical implications of granting the request, we will write to you within 14 days of the meeting with the decision. The decision will be, either:

• To agree to your request and establish a start date, with or without a trial period and review date. Where the request is granted, we will set out what changes will be made to your terms and conditions of employment; or

• To propose an alternative, which may require further discussion;

• To confirm a compromise agreed at the discussion; or

• To turn down your request, setting out clear business reasons, how these apply to the application, and the appeal process.

If we turn down your request, it will be because of one, or a combination, of the following reasons, and we will explain why:

• The burden of additional costs to English Rural;

• Detrimental effect on ability to meet customer demand;

• Inability to reorganise work among existing staff;

• Inability to recruit additional staff;

• Detrimental impact on quality;

• Detrimental impact on performance;

• Insufficiency of work during the periods the employee proposes to work;

• Planned structural changes.

If you are only looking for an informal change for a short period of time, for instance, to pursue a short course of study, we may consider allowing you to revert back to your previous conditions after a specified period e.g. three months, or after the occurrence of the specific event, such as the end of the course of study.

Handling Requests in a Fair Way

We may receive more than one request to work flexibly closely together from different employees and it may or may not be possible to accept all requests. Each case will be considered on its merits looking at the business case in the order they have been received. We may ask you if there is any room for adjustment or compromise before coming to a decision.

You must be aware that if your request is approved, you do not have the statutory right to make a further request for a period of 12 months, although you may still ask without the statutory right.

Appealing against the decision

If we reject your request and you wish to appeal, you must do so, in writing, within 7 days of receiving the letter informing you of the outcome.

We will then write to you to arrange a meeting to discuss your appeal. This meeting will be held within 14 days and will be with the Chief Executive. You have the right to be accompanied at that meeting by a work colleague.

There may be circumstances when the Chief Executive is out of the Country or unable to meet within 14 days, in which case a meeting will be held as soon as is practically possible.

The Effect on Your Contract of Employment

Any change in your hours or pattern of work will normally be a permanent change to your contractual terms and conditions. This means that you will not automatically be able to revert back to the previous working pattern (unless otherwise agreed). So, for example, if your new flexible working pattern involves working reduced hours to care for a dependant, you will not automatically be able to revert to working full-time hours when your caring responsibilities end.

Changes to your working pattern may affect other terms and conditions of employment. For example, reducing your hours of work will mean that your pay and leave will be pro-rated accordingly.

Please ask your manager if you have any queries about how a proposed change to your pattern of work might affect your terms and conditions.

Jury Service

You are entitled to time off work to fulfil your obligations with regard to Jury Service. In the event of you being summoned to attend Jury Service, you must notify management immediately on receipt of the Jury Summons, giving details of the dates that you are required to attend Court.

If you are retained on Jury Service for a prolonged period, you should notify English Rural and keep in regular contact throughout. You must return to normal working immediately following your release from Jury duties.

To prevent any financial hardship, your absence to attend Jury Service will be paid but you must claim for loss of earnings by completing the loss of earnings claim form provided to you by the Court. Any payment received by the Court should then be notified immediately to English Rural so that your next salary is adjusted to take into account the amount already received as a result of your claim.

Public duties

English Rural also recognises its statutory obligations in respect of granting unpaid time off for the performance of certain public duties such as Justice of the Peace, members of a local authority, statutory tribunal, or police authority.

The taking of unpaid leave in other circumstances is not normally permitted.

Carer's Policy

Carer's Leave Form