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Special Leave Policy

This policy describes the circumstances in which employees can access Special Leave

Purpose and Scope

The Ethical Standards Commissioner (ESC) is committed to supporting employees to maintain a healthy work / life balance and recognises the many factors involved in balancing work and home life. ESC undertakes to comply with all statutory obligations in this area. In the context of work, there are many ways in which employees can be supported to achieve their chosen balance. This policy is designed to assist and support employees as a key part of this commitment.

This policy applies to all employees regardless of working pattern or nature of employment contract. It will not apply to others carrying out work on behalf of ESC (agency staff, contractors etc) who will be governed by the contract under which they have been employed or contracted.

Implementation, monitoring and review of the policy 

Overall responsibility for policy implementation, monitoring and review lies with ESC. Everyone covered by the scope of the policy is obliged to adhere to, and facilitate implementation of, the policy. Appropriate action will be taken to inform all new and existing employees and others covered by the scope of the existence of the policy and their role in adhering to it.  The policy will be reviewed at such times as legislation or a change to the ESC policy position requires it and at least every four years.  The policy will be made available to the general public.

Extended period of unpaid leave

Due to ESC’s size and the impact that having an employee absent from the workplace over an extended period has on workloads, extended periods of unpaid leave such as career breaks or sabbaticals are not offered as a standard option.  However, an exception may be able to be made in some exceptional circumstances where this provides the best solution to an employees’ personal circumstances and where the impact on the workplace can be minimised.  Any employee wishing to explore this in more detail should raise it with their line manager in the first instance.

 

Special Leave is not a right and does not, therefore, form part of the employee’s contract of employment. Employees are expected to use their normal annual leave or flexi-time arrangements to attend to their private affairs. Under certain circumstances, however, employees may be granted special leave with or without pay. This is in addition to statutory rights, including the right to unpaid leave for time off for dependants and carer’s leave.

Employees may apply for up to five days paid Special Leave in any 12-month period to deal with domestic arrangements. ESC acknowledges that emergencies vary in their complexity and more than one event may arise in a short period of time. If an employee considers that they have a case for a longer period of paid Special Leave, they should apply to ESC in the normal way. An additional 5 days unpaid special leave may be agreed in some circumstances.

Special Leave with pay will normally be granted:  

  • to deal with a domestic crisis such as the serious illness or death of a close relative or dependant or the sickness of a child. Please also see the Bereavement Leave section of the Family Leave Policy) 
  • when there is unavoidable severe damage or disruption to property which requires the employee to be at home 
  • for short-term care at home of a close relative or dependant 
  • for study leave, if the course of study is supported by ESC 
  • for trade union activities 
  • to participate in public duties
  • to participate in reserve and cadet forces training
  • for attendance at court as a witness or a juror
  • where an employee is undergoing fertility treatment and appointments cannot easily be managed with flexi-time
  • time off in support of a gender transition process
  • where any employee is experiencing domestic abuse and needs time off for appointments related to their safety.

Special Leave without pay may be granted:

  • to look after dependent children during school holidays 
  • to care for elderly or infirm dependants or relatives (Please also see the Carer’s Leave section of the Family Leave Policy)
  • for study leave 
  • to participate in sporting events. 
     

Special Leave with or without pay may also be granted for other reasons not covered above. For example, in the case of pandemic illness where the employee is not unwell but needs time off to deal with other matters.

In all cases the Remote working policy can also be considered for use in helping to alleviate any domestic emergency circumstances.

Special Leave may or may not be paid, depending on the circumstances outlined above.  Where it is granted on a paid basis, this will be at the employee’s normal daily pay.

Employees who wish to apply for Special Leave should email their line manager outlining the reason for their request and number of days of special leave required. Requests should normally be submitted in advance of the leave dates. It is accepted that in the case of domestic emergencies, it may not be possible to seek advance agreement. In such cases, employees should telephone their line manager as soon as practicable.

Employees should be aware that where there is any suspicion that a claim has been made fraudulently, this will be investigated in line with the Disciplinary Policy and, if found to have occurred, may be subject to Disciplinary measures.

Equality Impact Assessment

Does this policy comply with the general Public Sector Equality Duty (s149 Equality Act 2010)?
This policy applies to all employees regardless of working pattern or nature of employment contract. It will not apply to others carrying out work on behalf of ESC (agency staff, contractors etc) who will be governed by the contract under which they have been employed or contracted. Its impact was considered when drafting and we consulted with all employees prior to publication to identify and address any issues.

 

Data Protection Impact Assessment

Have we considered any effect the policy may have on the collecting, processing and storing of personal data?
The records generated by this policy will contain personal data and may contain sensitive and special category personal data. Suitable retention and destruction policies are in place to manage this material.

 

Information Security Impact Assessment

Have we considered the impact any policy may have on our cyber-resilience?
This policy should have no impact on our cyber-resilience.

 

Records Management Impact

Have we considered the impact any policy may have on our ability to manage our records?
This policy should have no impact on our ability to manage our records.  

 

 

Version History

VersionDescriptionDateAuthor
1.0Policy Terms First Adopted17/09/2024Human Resources and Facilities Officer

 

Date policy first adopted: 01/04/2011 

 

Review period: Ad hoc when a change to legislation or ESC process requires it and at least every four years  

 

Date of last review: 17/09/2024 

 

Date of next review: 30/09/2028