SL142-Employee Statutory Leave and Time Off Policy

Registration Number: {{org_field_registration_no}}

Employee Statutory Leave and Time Off Policy

{{org_field_name}} Supported Living Services

1. Purpose

The purpose of this policy is to establish clear guidelines on statutory leave entitlements and time off for employees working at {{org_field_name}}. This policy ensures that employees receive their legally mandated leave entitlements while maintaining operational efficiency, continuity of care, and compliance with CQC regulations and employment laws.

This policy aims to:

Ensure compliance with UK employment legislation, including the Employment Rights Act 1996, Working Time Regulations 1998, and the Equality Act 2010.
Provide clarity to employees on their statutory entitlements, including annual leave, maternity/paternity leave, sick leave, and other statutory leave provisions.
Ensure fair and consistent leave management while maintaining high standards of care for service users.
Support employee well-being by ensuring they can take necessary time off for personal and family-related matters.
Minimise disruption to service delivery through effective workforce planning and cover arrangements.

2. Scope

This policy applies to:

All employees at {{org_field_name}}, including full-time, part-time, and zero-hour contract staff.
Agency and temporary workers, where applicable, in accordance with agency agreements.
Line managers, responsible for ensuring compliance with statutory leave provisions.

This policy does not apply to self-employed contractors unless specified within their contractual terms.

3. Legal and Regulatory Framework

This policy is designed in compliance with:

3.1 UK Employment Laws

Employment Rights Act 1996 – Establishes rights to time off for dependents, maternity leave, and redundancy.
Working Time Regulations 1998 – Sets out statutory leave entitlements, including annual leave.
Equality Act 2010 – Protects employees against discrimination in relation to leave entitlements.
Maternity and Parental Leave Regulations 1999 – Governs statutory maternity, paternity, and parental leave.
Statutory Sick Pay (SSP) Regulations – Covers statutory entitlements for sick leave.

3.2 Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Regulation 18 (Staffing) – Requires providers to have sufficient staffing levels and maintain staff well-being.
Regulation 12 (Safe Care and Treatment) – Ensures that leave arrangements do not compromise service user safety.

4. Types of Statutory Leave

4.1 Annual Leave

All employees are entitled to 5.6 weeks (28 days) of paid annual leave per year, inclusive of bank holidays (pro-rata for part-time staff).
Leave requests must be submitted at least four weeks in advance for approval.
Annual leave cannot be carried over, except in cases where leave was not taken due to maternity, sickness, or statutory rights.
Managers ensure that leave is staggered to maintain operational continuity while allowing all staff fair access to time off.

4.2 Statutory Sick Leave

Employees who are absent due to illness for four or more consecutive days may be eligible for Statutory Sick Pay (SSP), subject to eligibility criteria.
A self-certification form must be completed for absences of seven days or less.
A doctor’s fit note is required for absences longer than seven days.
Managers conduct return-to-work interviews to support employees and discuss any adjustments needed.

4.3 Maternity Leave and Pay

Employees are entitled to up to 52 weeks of maternity leave, regardless of length of service.
Statutory Maternity Pay (SMP) is paid for 39 weeks:
- First 6 weeks at 90% of average earnings.
- Remaining 33 weeks at the statutory rate set by the government.
Employees must provide at least 15 weeks’ notice before their due date.
Risk assessments are conducted for pregnant employees to ensure a safe working environment.

4.4 Paternity Leave and Pay

Employees are entitled to up to 2 weeks of paid paternity leave, taken within 56 days of the child’s birth or adoption.
Statutory Paternity Pay (SPP) is provided at the government’s standard rate.
Employees must provide at least 28 days’ notice before taking leave.

4.5 Shared Parental Leave (SPL)

Eligible parents can share up to 50 weeks of leave and 37 weeks of pay between them.
SPL requests must be submitted at least 8 weeks in advance.
The leave can be taken in blocks or continuously, depending on the needs of the parents and employer.

4.6 Parental Leave

Employees with at least one year of service can take up to 18 weeks of unpaid parental leave per child before their 18th birthday.
A maximum of four weeks per year can be taken per child.

4.7 Time Off for Dependants

Employees are entitled to reasonable unpaid leave to deal with emergencies involving dependants.
This covers illness, childcare issues, and unexpected incidents but should not be used for planned absences.

4.8 Bereavement Leave

Employees are entitled to two weeks of statutory parental bereavement leave for the loss of a child under 18.
Additional compassionate leave may be granted at the discretion of management.

4.9 Public Duties Leave

Employees serving as magistrates, councillors, or in military reserve forces may be entitled to unpaid time off to perform public duties.
Requests should be submitted with reasonable notice.

5. Managing Statutory Leave Efficiently

5.1 Leave Request Process

All leave requests must be submitted via the request forms.
Managers must approve or reject requests within five working days.
Priority is given to staff with personal commitments, but fairness is maintained to prevent excessive leave clustering.

5.2 Ensuring Workforce Continuity

Managers coordinate leave schedules to ensure that at least minimum staffing levels are maintained.
Cover arrangements are in place through bank staff or agency workers.
Employees must liaise with their managers before taking long-term or emergency leave.

5.3 Monitoring and Reporting Leave

Management tracks leave balances and provides monthly reports to managers.
Excessive or repeated absences trigger review meetings to provide additional support or adjustments if needed.

6. Employee Rights and Responsibilities

Employee Responsibilities:

Submit leave requests in a timely manner.
Provide required medical certificates or documentation for sick leave.
Return to work in accordance with agreed leave schedules.

Employer Responsibilities:

Ensure fair and consistent leave allocation.
Support employees in managing work-life balance.
Maintain compliance with statutory leave laws and employment regulations.

7. Policy Review and Compliance Monitoring

This policy is reviewed annually or when there are legislative changes.
Management monitors leave trends and makes recommendations for policy improvements.
Employee feedback is considered to enhance leave policies and well-being initiatives.

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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