DCW142-Employee Statutory Leave and Time Off Policy

Registration Number: {{org_field_registration_no}}

Employee Statutory Leave and Time Off Policy

1. Purpose

The purpose of this policy is to provide clear guidance on statutory leave entitlements and time off provisions for employees of {{org_field_name}}. This ensures compliance with the Employment Rights Act 1996, the Working Time Regulations 1998, the Equality Act 2010, and Care Inspectorate Wales (CIW) regulations.

As a domiciliary care provider, {{org_field_name}} understands the importance of work-life balance while maintaining high-quality care services. This policy outlines statutory leave entitlements, how they are managed efficiently, and the process for requesting leave, ensuring fairness, compliance, and continuity of care for service users.

2. Scope

This policy applies to:

All employees, including full-time, part-time, temporary, and agency workers.
All statutory leave entitlements, including annual leave, sick leave, maternity/paternity leave, bereavement leave, emergency time off, and unpaid leave.
Managers and HR personnel, who are responsible for overseeing leave requests and workforce planning.

This policy ensures that all employees receive their full legal entitlements while ensuring the continuity of service for our service users.

3. Annual Leave Entitlement and Management

3.1 Annual Leave Entitlement

Employees are entitled to:

A minimum of 5.6 weeks’ paid leave per year (28 days for full-time employees, including bank holidays), as per the Working Time Regulations 1998.
Part-time employees receive a pro-rata entitlement based on their working hours.
Bank holidays may be included as part of statutory leave entitlement, depending on contract terms.

3.2 Managing Annual Leave Efficiently

To ensure fair allocation of leave while maintaining adequate staffing levels, {{org_field_name}} manages annual leave by:

Requiring a minimum of 4 weeks’ notice for planned leave to allow for staff rota adjustments.
Limiting the number of employees on leave at the same time, particularly during peak holiday seasons.
Encouraging staff to take leave evenly throughout the year to prevent service disruption.
Using a fair and transparent leave approval system to ensure fairness in allocating popular leave dates.
Carrying forward of unused leave is only permitted in exceptional circumstances and must be approved by the Registered Manager.

4. Sick Leave and Sickness Absence Management

4.1 Statutory Sick Pay (SSP) Entitlement

Employees may be eligible for Statutory Sick Pay (SSP) if they:

Earn at least the Lower Earnings Limit (£123 per week in 2024).
Have been off sick for four or more consecutive days (including non-working days).
Provide a self-certification form for absences of up to seven days or a doctor’s note for absences beyond seven days.

SSP is currently £116.75 per week (April 2024 rate) and is paid for up to 28 weeks.

4.2 Managing Sickness Absence Efficiently

To balance staff well-being and operational needs, {{org_field_name}}:

Requires employees to notify their manager as soon as possible if they are unwell.
Conducts return-to-work interviews after any period of sickness to assess support needs.
Monitors absence patterns to identify repeated short-term sickness and provide support where necessary.
Provides occupational health referrals for long-term sickness cases to help employees return to work safely.
Allows reasonable adjustments, such as flexible working or phased returns, for employees with long-term health conditions or disabilities.

5. Maternity, Paternity, and Parental Leave

5.1 Maternity Leave

Eligible employees are entitled to:

52 weeks’ maternity leave (26 weeks Ordinary Maternity Leave + 26 weeks Additional Maternity Leave).
Statutory Maternity Pay (SMP) for up to 39 weeks:
- 90% of average earnings for the first six weeks.
- £184.03 per week (or 90% of earnings if lower) for the remaining 33 weeks.

Employees must notify their manager at least 15 weeks before the baby’s due date.

5.2 Paternity Leave

Eligible employees may take:

Up to two consecutive weeks’ paid paternity leave.
Statutory Paternity Pay (SPP) at £184.03 per week (April 2024 rate) or 90% of earnings, whichever is lower.

Employees must inform HR at least 15 weeks before the due date.

5.3 Shared Parental Leave (SPL)

Parents may share up to 50 weeks of leave and 37 weeks of pay, with notice required at least eight weeks in advance.

5.4 Parental Leave

Employees with at least one year’s service can take unpaid parental leave of up to 18 weeks per child, in blocks of one week at a time.

6. Emergency Time Off for Dependants

Employees are entitled to reasonable unpaid time off to:

Deal with unexpected emergencies involving a dependent (e.g., a child, partner, or close relative).
Arrange emergency care or respond to sudden illness, injury, or death of a dependent.

This time off is typically one to two days per emergency, with additional leave considered in exceptional circumstances.

7. Bereavement and Compassionate Leave

7.1 Parental Bereavement Leave

Employees who lose a child under 18 or suffer a stillbirth after 24 weeks of pregnancy are entitled to:

Two weeks of paid leave.
Statutory Parental Bereavement Pay (SPBP) at £184.03 per week (April 2024 rate) or 90% of earnings, whichever is lower.

7.2 Compassionate Leave

Employees may be granted up to five days of paid leave following the death of a close family member.
Additional unpaid leave may be granted on a case-by-case basis.

8. Unpaid Leave and Career Breaks

Employees may request unpaid leave for personal reasons, subject to management approval.

Extended career breaks of up to 12 months may be considered for employees with at least two years of service.
All unpaid leave requests are reviewed based on service needs and fairness to all staff.

9. Managing Leave Efficiently in a Domiciliary Care Setting

To ensure that service users continue to receive safe, high-quality care, {{org_field_name}}:

Uses a rota management system to track and approve leave requests fairly.
Ensures that leave is planned in advance to avoid staff shortages.
Arranges cover from bank staff or agency workers when necessary.
Maintains clear communication with service users regarding any changes to their care schedule.
Supports staff well-being while balancing business continuity.

10. Employee Responsibilities

Employees must:

Submit leave requests in writing with as much notice as possible.
Adhere to notification procedures for sickness and emergency leave.
Communicate openly with managers about leave needs while considering service users’ needs.

11. Related Policies

This policy should be read in conjunction with:

Staff Leave and Absence Policy (DCW33)
Health and Safety at Work Policy (DCW16)
Maternity and Parental Leave Policy
Workforce Planning and Succession Strategy

12. Policy Review

This policy will be reviewed annually or sooner if legislation, CIW regulations, or business needs change. Updates will be communicated to all employees.

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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.