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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Staff Leave and Absence Policy
1. Purpose
The purpose of this policy is to establish clear guidelines for the management of staff leave and absences at {{org_field_name}}, ensuring that all requests for leave and unplanned absences are handled fairly, consistently, and efficiently while maintaining safe staffing levels and continuity of care for the people we support.
This policy ensures compliance with CQC Fundamental Standards and employment laws, providing a structured process for requesting, recording, and managing annual leave, sickness absence, compassionate leave, maternity/paternity leave, and other types of leave.
By implementing this policy, {{org_field_name}} aims to:
- Ensure safe staffing levels at all times, maintaining high-quality care and service provision.
- Provide clear guidelines for staff leave entitlement, requests, and approvals.
- Support employees’ health, well-being, and work-life balance.
- Reduce disruptions to care delivery caused by staff absences.
All employees are required to adhere to this policy to ensure fairness, transparency, and compliance with employment laws and CQC regulations.
2. Scope
This policy applies to:
- All employees, including full-time, part-time, agency, and bank staff.
- Registered managers, team leaders, and HR personnel, responsible for approving and managing leave requests.
- External agencies, where agency staff are used to cover absences.
It covers all types of leave, including:
- Annual leave
- Sickness absence
- Compassionate leave
- Maternity, paternity, and parental leave
- Unpaid leave
- Other statutory leave entitlements
3. Legal and Regulatory Framework
This policy complies with:
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 18 (Staffing), which requires care providers to ensure adequate staffing levels at all times.
- CQC Regulation 17 (Good Governance), which mandates care homes to have effective systems to manage staff absence and ensure continuity of care.
- Employment Rights Act 1996, governing statutory leave entitlements and employee rights.
- Working Time Regulations 1998, setting out rules on working hours, rest breaks, and annual leave entitlements.
- Equality Act 2010, ensuring leave and absence policies are applied fairly and without discrimination.
- Statutory Sick Pay (SSP) Regulations, outlining entitlements to sick pay and return-to-work procedures.
By adhering to these legal frameworks, {{org_field_name}} ensures compliance, fairness, and operational efficiency in staff absence management.
4. Annual Leave
4.1 Entitlement
Employees are entitled to 28 days of paid annual leave per year (including bank holidays), pro-rata for part-time staff. Some employees may have additional leave entitlements based on their contracts.
Annual leave:
- Must be requested in advance (at least four weeks’ notice is required).
- Cannot be carried over unless exceptional circumstances apply.
- Is approved based on staffing levels to ensure adequate cover.
- Should be spread throughout the year, with no excessive leave taken at peak operational times.
4.2 Requesting Annual Leave
To request annual leave, employees must:
- Submit a written request to their line manager.
- Await approval before finalising any plans.
- Ensure adequate staffing levels are maintained during requested leave periods.
- Avoid booking leave during critical periods unless exceptional circumstances apply.
Requests should be sent to the Registered Manager at {{org_field_registered_manager_email}} or {{org_field_registered_manager_phone}}.
5. Sickness Absence
5.1 Reporting Sickness
If an employee is unwell and unable to attend work, they must:
- Notify their line manager or the Registered Manager before their scheduled shift starts (preferably at least two hours in advance).
- Provide details of their illness and expected return date.
- Update their manager daily if their condition changes.
Failure to report sickness absence properly may result in disciplinary action.
5.2 Certification Requirements
- For absences of up to 7 days, employees must complete a self-certification form upon return.
- For absences of more than 7 days, a Fit Note (Doctor’s Certificate) is required.
- If sickness is ongoing, the employee must provide updated Fit Notes until they are fit to return to work.
5.3 Sick Pay Entitlement
- Employees may be entitled to Statutory Sick Pay (SSP) from the fourth consecutive day of sickness, subject to eligibility criteria.
- Some employees may receive contractual sick pay, depending on their terms of employment.
- Long-term sickness absences will be reviewed through occupational health assessments, and return-to-work plans will be created where necessary.
6. Compassionate and Emergency Leave
6.1 Compassionate Leave
Employees are entitled to up to five days of paid compassionate leave following the death of an immediate family member. Additional leave may be granted at the manager’s discretion.
6.2 Emergency Leave for Dependents
Employees may take reasonable unpaid leave to deal with emergencies involving dependents (e.g., a sick child, partner, or elderly relative). This should be reported to the Registered Manager at {{org_field_registered_manager_email}} or {{org_field_registered_manager_phone}} as soon as possible.
7. Maternity, Paternity, and Parental Leave
Employees are entitled to statutory maternity, paternity, and parental leave as per UK employment law.
- Maternity Leave: Eligible employees can take up to 52 weeks of maternity leave, with Statutory Maternity Pay (SMP) for up to 39 weeks.
- Paternity Leave: Fathers/partners may take up to two weeks of paid paternity leave.
- Shared Parental Leave (SPL): Parents may split leave entitlements if eligible.
- Adoption Leave: Employees adopting a child have the same rights as maternity leave.
Employees should notify HR or the Registered Manager as early as possible to arrange leave and pay entitlements.
8. Unpaid Leave and Career Breaks
Employees may apply for unpaid leave or career breaks, subject to managerial approval. Each request is assessed based on business needs and staffing levels.
Requests should be submitted in writing to the Registered Manager at {{org_field_registered_manager_email}} or {{org_field_registered_manager_phone}}.
9. Managing Persistent or Unauthorised Absences
9.1 Monitoring Absence Levels
Frequent or prolonged absences are monitored to:
- Identify patterns of absence that may indicate underlying issues.
- Offer support, including occupational health referrals.
- Take appropriate action where absences affect operational efficiency.
9.2 Unauthorised Absence and Disciplinary Action
If an employee is absent without prior approval or without reporting their absence, it may be treated as unauthorised absence and could lead to disciplinary action.
Repeated or excessive absences without valid reason may also result in formal warnings or dismissal, in line with disciplinary procedures.
10. Return to Work Process
Employees returning from long-term sickness or other absences must:
- Meet with their line manager to discuss their return.
- Provide a Fit Note if required.
- Agree on any adjustments or phased return plans, if necessary.
Where applicable, occupational health assessments may be conducted to ensure the employee is fit to return to work safely.
11. Policy Review
This policy is reviewed annually or sooner if CQC regulations, employment law, or organisational needs change.
Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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