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Scottish Borders Local Association

 

Paid & Unpaid Leave Agreement
 

   

Agreement has been reached with SBC over paternity leave - something we have been pressing for over a considerable period of time now. The entitlement is for 5 days paid leave. This is in addition to the unpaid leave entitlement that is in force as a result of EU legislation.

The current leave arrangements are shown below - contact Jock for further clarification if necessary. Note that this document covers all SBC employees, not just teachers.

POLICY GUIDELINES - SPECIAL LEAVE AUTHORISATION

1 The granting of special leave is initially a matter for consideration and decision by Heads of Department within the guidelines outlined below. Directors may delegate authority to approve leave where appropriate.

2 Employees who wish to apply for special leave (paid or unpaid) should apply to their supervisor/line manager.

3 In determining the leave to be authorised Heads of Department should take account of individual circumstances (e.g. nature/closeness of personal relationships, travel required to attend a funeral) and ensure that a consistent approach is followed. Personnel staff will be happy to advise on individual cases.

4 Paid Special Leave will not normally be appropriate where an employee receives compensation from another source for the period of absence. Where it is considered that special leave is not appropriate managers should try to accommodate any request to take annual leave. Personnel staff will be pleased to assist with any enquiries.

5 Special leave (paid or unpaid) should be recorded on an employee's Annual Leave record.

1. SPECIAL LEAVE - With Pay
 

CIRCUMSTANCE THOSE COVERED LEAVE AVAILABLE
(Working days)
AUTHORISED BY
Family bereavement mother, father, brother, sister, spouse/partner, children, guardian, in-laws, dependent relatives up to 5 days Head of Department
Attendance at funeral other family members up to 1 day Head of Department
Serious illness (including attendance at hospital emergencies) mother, father, brother, sister, spouse/partner, children, guardian, in-laws [mother, father, brother, sister], dependent relatives up to 5 days Head of Department
Hospital appointment/ medical examination/ dental appointment all employees

as necessary

1. employees are expected to try to arrange appointments outwith working hours or, where this is not possible, to arrange them to cause least disruption to work eg first thing in the morning or late afternoon
2. employees on flexi-time are required to arrange appointments outwith core time

Head of Department
Maternity Support Leave
(not available for teaching staff)
child's father, partner or nominated carer 5 days Head of Department
Maternity Leave for Adoption women who adopt a child up to the age of 16 (except where the child is already part of the family unit) refer to Personnel Services for details Head of Department
House removal employees who qualify for SBC relocation assistance up to 2 days Head of Department
Jury Service/Witness employees required to attend court as jury member or witness as required by court (employees must claim appropriate allowances which will be deducted from pay)
Non Regular Forces employees required to attend annual training camp for not less than a week and not exceeding a period of 15 calendar days (Service pay and allowances will be deducted from Council pay) Head of Department
Secondment to other organisation all employees up to 10 days
11 to 20 days
21 days +
Head of Department
HOD/HO Personnel
HOD/Chief Executive
Examinations - study leave and attendance employees on approved training courses up to 1 day per exam Head of Department
Other circumstances eg serious personal crisis; representing country at sport etc all employees up to 10 days
11 to 20 days
21 days +
Head of Department
HOD/HO Personnel
HOD/Chief Executive
Paternity Leave (Teaching Staff) Child's father Up to 5 days immediately after the birth of the child or where appropriate when the child comes home from hospital. In the event that the child is born (or comes home from hospital) during school holidays no Paternity Leave will be appropriate. Headteacher

2. SPECIAL LEAVE - Unpaid

Unpaid Special leave may be authorised for circumstances where Paid Special Leave/Annual Leave is not appropriate or available and where the Department is able to accommodate the absence. An example may be where an employee wishes to add 2 weeks unpaid leave to 3 weeks annual leave for an extended holiday to Australia. Similarly Unpaid Special Leave may be considered for an employee who wishes to attend a course of study which has no direct relevance to their employment.

Where an employee is representing their country and receiving payment for doing so, then any leave given would normally be unpaid.

CIRCUMSTANCE EMPLOYEES COVERED LEAVE AVAILABLE AUTHORISED BY
All cases all employees up to 10 days
11 to 20 days
21 days +
Head of Department
HOD/HO Personnel
HOD/Chief Executive

3. PARENTAL LEAVE - Unpaid

The Employment Relations Act 1999 has introduced a new right to parental leave. This is in addition to any contractual annuai leave, maternity or special leave entitlements including maternity support leave or maternity leave for adoption.

Parental leave is a new right to take time off work to look after a child or make arrangements for a child's welfare. It is open to employees who have a baby or adopt a child after 15 December 1999 and who have completed one year's continuous qualifying service with Scottish Borders Council. The leave is open to both mothers and fathers. The leave is unpaid.

Employees are entitled to 13 weeks in total for each child which can be taken up until the child is 5 or, in adoption cases, for five years after the child is first placed with the family. In the case of a child with a disability, the leave can be taken up until the child's 18th birthday.

The following provisions apply to the parental leave scheme:

  • The leave must be taken in blocks or multiples of one week except in the case of parents of a disabled child, in which case the leave can be taken in blocks or multiples of one day.
  • In all cases, a maximum of 4 weeks' parental leave in a year can be taken in respect of an individual child.
  • The employee must give 21 days notice that they want to take the leave
  • The leave can be postponed for up to 6 months where the business would be particularly disrupted if the leave were taken at the time requested. The employer must confirm the postponement in writing no later than 7 days after the employee gives notice to take the leave. This should state the reason for the postponement and set out the new dates of parental leave.
  • When an employee applies to take parental leave immediately after the birth or adoption of a child then the employer cannot postpone the leave. The employee needs to give 21 days notice before the beginning of the expected week of childbirth. Similarly, in the case of adoption, the employee needs to give 21 days notice before the expected week of placement or as soon as is reasonably practicable.

For further information contact Lorna Gass ext 5237, Pam Culbertson ext 5236 or Ann Brown ext 5693, Personnel Assistants.

 

   

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