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Family Leave Policies - Benefits and Obligations

This page details the employee benefits and employer and employee obligations applicable to all family leave policies.

Policy Framework

Family Leave Policies encompass a wide range of policies. There are certain employee benefits and employer and employee obligations which apply across all Family Leave policies and these are set out below. 

During Family Leave all employees are entitled to retain the following key benefits:

  1. continuous employment in calculating length of service

  2. retention of all contractual terms and conditions of service – other than pay (please refer to the separate Pay Section under each element of Leave to understand how this is calculated). This means that, during Family Leave, aside from pay, ESC will ensure the employee continues to receive all the benefits set out in the employee’s contract of employment and any relevant accompanying policies. Specifically, this will include:
    1. holidays (including public holidays) which will accrue at the normal rate of accrual described in the employee’s contract of employment.  More information can be found in the Holidays and Annual Leave Policy.  Where ESC imposes a period of compulsory leave, e.g. at Christmas, employees will be entitled to take this period of leave at another time on return from Family Leave.
    2. pension scheme. 
      1. Employer Contributions - ESC contributions to the pension scheme will continue throughout any paid period of Family Leave, regardless of the level of pay received by the employee.  Employer contributions will cease during any unpaid period of Family Leave. 
      2. Employee Contributions - Employee contributions to the pension scheme will continue during Family Leave until any employee’s entitlement to pay is exhausted. Any contributions by the employee will be based upon the amount of pay that is being paid during this time, rather than the normal level of contributions. 
      3. Membership continuation - membership of the pension scheme will remain continuous through any period of Family Leave. However, where an employee does not resume work following the end of any period of Family Leave, their pensionable service will be calculated as up to the last day of paid Family Leave (or the last day of pay in the case of unpaid Family Leave) with accrued benefits up to that date. Any unpaid periods of Family Leave do not count towards qualifying  service.
    3. salary increases or benefit changes awarded during the period of the leave will be made to an employee on Family Leave. 
  3. any other terms and conditions contained in their contract of employment and accompanying policies are also applicable in the same way as if the employee was not on Family Leave. Employees should note that this includes discretionary rights, such as access to the Employee Assistance Programme, which would have been enjoyed had they been at work.

ESC will continue to exercise its implied obligation of ‘mutual trust and confidence’ towards employees during any period of Family Leave.

For example:

  • the right to notice of termination of the employment contract (by the employer)
  • compensation in the event of redundancy
  • access to disciplinary or grievance procedures

ESC will not subject any employee to a detriment, disadvantage, unfair treatment or dismissal because of requesting to take or taking a period of Family Leave. Please refer to the Equality, Diversity and Inclusion policy.

Employees should note that they are also expected to adhere to certain ‘implied obligations of good faith’ during Family Leave such as:

  • notice of termination of the employment contract (by the employee).  This means that, if the employee does not wish to return to work following any Family Leave period, they must provide the employer with the contractual notice period
  • confidentiality and the disclosure of information
  • acceptance of gifts and other benefits
  • unauthorised participation in any other business.