EMPLOYMENT BREAK POLICY

Version / 11
Name of responsible (ratifying) committee / HR Policy Group
Date ratified / 06 April 2017
Document Manager (job title) / Corporate HR Manager
Date issued / 27 April 2017
Review date / 01 April 2019
Electronic location / Human Resources Policies
Related Procedural Documents / Appeals Procedure, Induction Policy, Appraisal & Performance Review, Maternity, Paternity, Adoption and Parental Leave Policy, Management of Change Policy
Key Words (to aid with searching) / Leave of absence, sabbatical, employment break, employment break agreement

Version Tracking

Version / Date Ratified / Brief Summary of Changes / Author
11 / 01.04.17 / Clarification of incremental date and further examples, clarification of trust obligations regarding employees returning to the same or similar role, correction of contact details of HR and updating of website pathways / HR Advisor
10.1 / 19.02.15 / Inclusion of maximum length of time / Corporate HR Manager
10 / 22.01.15 / General Review and Update / Corporate HR Manager

CONTENTS

QUICK REFERENCE GUIDE

1.INTRODUCTION

2.PURPOSE

3.SCOPE

4.DEFINITIONS

5.DUTIES AND RESPONSIBILITIES

6.PROCESS

7.TRAINING REQUIREMENTS

8.REFERENCES AND ASSOCIATED DOCUMENTATION

9.EQUALITY IMPACT STATEMENT

10. MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS

Appendix A: Application for Leave of Absence Under the Employment Break Scheme

Appendix B: Employment Break Scheme Agreement

Appendix C: Advice on returning to clinical work (Medical and Dental staff)

EQUALITY IMPACT SCREENING TOOL

QUICK REFERENCE GUIDE

This policy must be followed in full when developing or reviewing and amending Trust procedural documents.

For quick reference the guide below is a summary of actions required. This does not negate the need for the document author and others involved in the process to be aware of and follow the detail of this policy.

  1. The Employment Break Scheme is open to all employees of the Trust with a minimum of 12 months’ continuous service. It is intended to provide an opportunity to allow an employee to take a prolonged period of leave away from the Trust, following which they may return and resume their career. Breaks can be taken for many reasons, all of which will be considered on their merits, taking into account the needs of the service.
  1. A Break can be between 3 months and 5 years in duration. The employee will not receive any remuneration during the break, including sick pay.
  1. Applications for Breaks must be made in writing by employees, using the form at Appendix A. The manager must advise the employee in writing of their decision following a meeting to discuss the application. Where an application is declined, the employee may appeal using the Trust’s Appeals Procedure.
  1. Where the Break is agreed, the manager and employee must agree the terms of the break by completing the Employment Break Agreement at Appendix B. It is essential that the method by which the employee and manager will keep in touch whilst the employee is on their Break is agreed as part of this process.
  1. To maintain Pension Scheme membership during Career Breaks, employees must complete and submit the form at Appendix C.
  1. Where the employee no longer wishes to return to the Trust’s employment at the end of the Break, they should resign in the normal way, in writing to their manager.

1.INTRODUCTION

1.1Portsmouth Hospitals NHS Trust (“the Trust”) recognises that retaining skilled and experienced employees is central to the achievement of its business goals and objectives. The Trust is committed to considering flexible and supportive family friendly practices and arrangements which enable all employees to balance their work and careers with their other commitments and responsibilities, whilst also balancing these needs with the Trust’s business aims.

1.2This policy explains what an employment break entails and sets out the conditions of the scheme for both the Trust and its employees.

2.PURPOSE

2.1The aim of the Employment Break scheme is to provide an opportunity for employees to take prolonged periods of leave, during which they will be kept in touch with the organisation and after which they may resume their career.

3.SCOPE

3.1The scheme is open to all employees of the Trust who have a minimum of 12 months continuous service. Applications for an Employment Break will be considered on the grounds of:

  • Childcare
  • Elder care
  • Care for another dependent
  • Training, including undertaking degree or other courses
  • Study leave
  • Work abroad, including charity or voluntary work
  • Temporary relocation of partner
  • Protracted period of travel abroad

3.2This list is not intended to be exhaustive and all other reasons will be considered on their merits, taking into account the reason for the request and the operational needs of the service.

3.3Length of Break

3.3.1The minimum length of an Employment Break is three months and the maximum 5 yearsalthough it would be unusual for an Employment Break to be for more than two years.

3.3.2The length of the break should balance the needs of the applicant with the needs of the service

3.3.3 Breaks can be taken either as a single period or over more than one period, however the total length of all periods of absence must not exceed 5 years per employee, during employment with the Trust.

3.4Terms and Conditions of Employment

3.4.1Continuous Service

  • A period of absence on an Employment Break will not be regarded as a break in service (for the purposes of employment and maternity rights etc.), and applicants to the scheme will not have to resign in order to take a break.
  • Breaks of longer than one year will count towards continuity of employment for statutory purposes only. Other provisions depending upon length of service, i.e. contractual redundancy payments, leave entitlements, etc. should be suspended for the period of the break. Periods of service before and after the break will be aggregated to determine the appropriate length of service to be used for these purposes.

3.4.2Pay

  • There will be no remuneration paid during the period of the Employment Break as it is effectively regarded as unpaid leave.
  • On return from an Employment Break the salary will be at the same pay point as when the break began (reflecting any national cost of living increases). The incremental rise date will be set to fairly reflect the number of months and days the person had left before their next incremental rise date was due had they not taken the career break (eg if an incremental date is 1 April and an employment break of 3 months was taken on 1 March the incremental date will be recalculated to 1 July or if an incremental date is 20 September 2016 and an employment break of 18 months has been taken on 1st March 2016 then the incremental date with be recalculated to 20 March 2018.

Further examples:

Employment break start date / Incremental rise due date at the time of going on Employment break / Days/month before next incremental rise date / Length of employment break / Date employee returns from employment break / Recalculated incremental rise date following career break
01-Apr-17 / 15-Jun-17 / 2 months, 15 days / 6 months / 01-Oct-17 / 16-Jan-18
01-Oct-17 / 08-Aug-18 / 11 month, 8 days / 1 year / 01-Oct-18 / 09-Sep-19

3.4.3Pensions

  • At the start of the Employment Break unless the employee chooses otherwise, the Trust will suspend pensionable service until the employee returns to work. Where the employee chooses to do so, however they can remain pensionable for a period of up to 6 months. In such a case both the Trust and the employee would continue to make pension contributions for the first 6 months of the Employment Break period (for the employee this would be by means of a monthly direct debit payment to the Trust). The employee can also choose to continue to pay pension for a further period of 18 months. However should the employee choose to take this further option, they would be solely responsible for paying both the employer and employee contribution. An Authorised Absence/Career Break and Membership of NHS Pension Arrangement form (PHT 22) must be completed electronically and submitted to Payroll. For further details regarding pensions and Employment Breaks, employees are advised to contact the Pensions section of Payroll Services or contact NHS Pensions directly.

3.4.4Sick Pay

  • Both statutory and contractual sick pay will be suspended for the period of the Employment Break.

‘In the event of an epidemic infection outbreak, flu pandemic or major incident, the Trust recognises that it may not be possible to adhere to all aspects of this document. In such circumstances, staff should take advice from their manager and all possible action must be taken to maintain ongoing patient and staff safety’

4.DEFINITIONS

4.1Employment Break (also known as a Career Break) – a period of unpaid leave away from employment up to a maximum of 5 years, [where the post is held open to return on a given date up to 12 months or a similar role if the break is longer than 12 months.]

4.2ESR – Electronic Staff Record.

5.DUTIES AND RESPONSIBILITIES

5.1Employees

Employees applying to take an employment break are responsible for the following:

  • Ensuring that they apply in writing, using the proforma at Appendix A, at least three months in advance of the intended date of the commencement of the break.
  • Ensuring that, where applicable, they maintain their professional registration and that they keep updated regarding their career and with the Trust’s activities.
  • Informing their line manager of any change to their personal circumstances, including changes to their address and other contact details.
  • Keeping in touch with their line manager as agreed prior to the break.
  • Requesting any extensions to the break in writing, giving the appropriate amount of notice.
  • Giving notice of their return to work and returning at the agreed time (failure to return when agreed may be viewed as gross misconduct and could result in dismissal).
  • Should the employee not wish to return from the break, they will be responsible for resigning in writing and giving the contractual amount of notice required.
  • To investigate and understand any effects on their pension before commencing any employment break.

5.2Line managers

Line managers are responsible for the following:

  • Careful consideration of any requests received and only refusing requests due to demonstrable and legitimate business reasons.
  • Advising employees, in writing, when breaks have been agreed.
  • Keeping those employees on an Employment Break informed and in touch with the department and the Trust by maintaining good communications throughout the duration of the break.
  • Discussing any development needs with employees on their return to work and for establishing a new development plan as necessary
  • For ensuring the issues covered in Annex A are taken into consideration for Medical and Dental staff taking Employment Breaks.
  • Keeping records of all applications for Career Breaks and decisions for a minimum of twelve months or the duration of the Break, whichever is longer.
  • Updating ESR in relation to the start and end of Career Breaks
  • Ensuring if an employee returns to work within one year that the same job will be available, as far as is reasonably practicable
  • Ensuring if an employee returns to work after a year or more employment break that the employee may return to as similar job as possible applying the principles of the redeployment policy if required

5.3Workforce and Human Resources Directorate

5.3.1The Workforce and HR Directorate will, through the Operational HR Team, be responsible for the following:

  • Providing advice to both managers and employees regarding the Employment Break scheme and its terms and conditions.

6.PROCESS

6.1Application for Employment Break

6.1.1All requests for an Employment Break must be made in writing to the line manager by completing the form at Appendix A, indicating the reason for the request. Requests should normally be submitted at least three months in advance of the proposed start date of the Break unless there are exceptional circumstances, and the manager will be required to meet with the applicant to discuss the request within 14 calendar days of receipt.

6.1.2The decision as to whether to grant the request for the Employment Break must be notified to the applicant in writing within 7 calendar days of the meeting. Should the request for the Break be rejected, the reasons for the rejection must also be included in this letter. Employees may appeal against such a decision in writing to their line manager. An appeal will then be heard in accordance with theTrust’s Appeals Procedure.

6.1.3If agreed, the terms of the Employment Break should be arrived at through discussions between the manager and the applicant and laid down in an Employment Break Agreement (see Appendix B). This may be amended at a future date should circumstances change and again this must be by mutual agreement between the manager and the applicant. Once agreed, copies of both Appendix A and Appendix B should be forwarded either electronically by email to the HR Inbox or via post to the Transactional Human Resources Team. The appropriate change should be made to the employee’s record on ESR Manager Self Service by the line manager.

6.2Other Employment During an Employment Break

6.2.1Some Employment Breaks may be requested to undertake a period of paid employment overseas and this will be permitted, especially where the skills learned during the period of the break will enhance the employee’s skills on returning to substantive employment at the Trust.

6.2.2However employees must not undertake paid employment in this country with another employer without the prior written agreement of the line manager and an Employment Break will not be granted to allow a period of paid employment with another employer at home. Where this is the reason for the request, a secondment to the other organisation may be considered or else the request declined.

6.2.3If it is discovered that an employee has commenced working elsewhere without permission, it may be appropriate for disciplinary action to be considered on their return.

6.3Return to Work

6.3.1For breaks of up to one year in duration, the notice period required before a return to work is two months. If the break is for longer than one year, the notice period required before a return to work is six months. Employees will return to work on terms and conditions no less favourable than in their previous role. The Trust will use its best endeavours to place a returning employee in their original post but, in the event that this is not possible, they will be offered the most suitable available alternative. If this results in a reduced level of pay, pay protection will not apply.

6.3.2Employees taking a break of more than twelve months will be required to attend the Trust’s Corporate Induction Programme on returning to work, in accordance with the Trust’s Induction Policy.

6.4Changing the Date of Return

6.4.1Where an employee currently on an Employment Break wishes to extend the period of that break, this must be applied for to their line manager in writing, either two months (for breaks of initially up to one year in duration) or six months (for longer breaks) prior to the end of the break.

6.4.2If an individual’s circumstances change and an earlier return to work is desired, this will be fully considered by the line manager, but cannot be guaranteed. Again this must be requested to the line manager in writing.

6.4.3If an employee wishes to resign from their employment with the Trust, rather than returning to work at the end of the break, they must submit their resignation to their line manager in writing in the normal manner, giving the amount of notice stipulated in their contract of employment.

6.5Keeping in Touch During an Employment Break

6.5.1The key to a successful Employment Break is maintaining regular and effective communication between the employee and the manager. The methods and regularity of communication between the two parties should be agreed between them, prior to the commencement of the break and should form part of the Employment Break agreement (see Appendix B), and as an example, should involve the manager sending the following to the employee:

  • Team briefs
  • The Trust newsletter (The Link)
  • Minutes of departmental meetings
  • Details of vacancies
  • Invitations to departmental social events
  • Details of relevant training courses
  • Any other information relevant at the time, either relating to the whole organisation or the individual department.
  • Details of departmental and/or organisational change.

6.5.2Employees must also inform their manager of any changes in personal circumstances, for example change of name, address and other contact details etc. and should contact their manager on a regular basis during the duration of the break, either by telephone, email or in person. It is expected that this would mean contact at least every 6 months.

6.5.3It must be recognised and understood by both parties that an Employment Break will only work with mutual commitment to these objectives.

6.6 Maternity and Adoption Leave

6.6.1An employee may apply for an employment break immediately following a period of Maternity or adoption leave; however if, following the employment break, the employee does not return to NHS employment for a period of at least 3 months, they will be liable to repay any Occupational Maternity or Adoption pay, in accordance with the Trusts’Maternity, Paternity, Adoptionand Parental Leave Protocol.

6.7Departmental Changes

6.7.1Should the manager of the department change during the course of an Employment Break, employees taking a break should be informed of the change at the earliest opportunity and details of all employees taking breaks should be passed on to the new manager. The new manager should arrange to meet or, if this is not possible, at least make contact with employees in their team taking breaks at their earliest convenience, in order to maintain the link between the individual and the Trust.

6.7.2Should organisational change processes commence within the department, all employees on an employment break must be consulted with in accordance with the Trust’s Management of Change and redundancy Policy.

7.TRAINING REQUIREMENTS

7.1Managers will be briefed on the content of this policy and will be able to seek guidance and assistance on its implementation from the Operational Human Resources team.

8.REFERENCES AND ASSOCIATED DOCUMENTATION

Section 36 NHS Agenda for Change terms and conditions of Employment