Special Leave Policy

Policy Summary

The Special Leave Policy provides guidance on arrangements for:

Compassionate Leave
Sympathetic Leave
Parental leave
Emergency Leave for the Care of Dependents
Jury Duty Leave
Exceptional Leave

Date Approved by SLT	June 2022
Date of EQIA	March 2023
Document Owner	Human Resources
Last modified	March 2023
Next review date	March 2024

1.0 - Aims and Objectives

The aim of this policy is to provide Managers and Staff with guidance on Special Leave to ensure that this is undertaken fairly and consistently across Queen Margaret University (QMU) in accordance with equality and diversity principles.

2.0 - Scope of Policy

This policy applies to all employees from day one of their employment with the University and who need to take a period of Special Leave to deal with circumstances in their personal life.

3.0 - Monitor and Review

Human Resources are responsible for monitoring the effectiveness of this policy and supporting procedures and will conduct reviews at appropriate intervals.

Anyone who feels they have been unfairly treated or discriminated against should contact Human Resources.

4.0 - Equal Opportunities

QMU is committed to equality of opportunity for all its staff and the terms of this policy and its supporting procedures and guidance notes are designed to ensure the fair and transparent treatment for all staff irrespective of age, race, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, sexual orientation, religion or belief, sex or contractual status. A review of the Equality Impact Assessment is undertaken on this policy each time they are reviewed and updated.

5.0 - Responsibility for this Policy

Human Resources. Any changes to this policy and supporting procedures will be made in consultation with appropriate bodies.

QMU reserves the right to update HR Policies in line with new or updated Employment Legislation.

6.0 - Principles of Special Leave

QMU recognises that, from time to time, employees require some flexibility in their working time to enable them to manage home life and caring commitments.

This Special Leave policy outlines the options available to employees and line managers when dealing with periods which require the employee to be absent from work due to a situation in their personal life.

QMU respects the right to confidentiality for all employees.

7.0 - Special Leave Provisions

The table below shows the different special leave circumstances that are covered by this policy and the related entitlement.

Circumstances	Entitlement
Bereavement Leave Bereavement leave is granted to assist employees to cope during periods of bereavement of an immediate family member. An immediate family member is normally defined as a spouse, civil partner, partner, parent, child, sibling, grandparent or grandchild. However it is recognised that employees may have close personal relationship with relatives not listed above, the University is committed to taking a sensitive and sympathetic stance in such cases.	Bereavement leave is leave with pay. Bereavement leave entitlement is 6 days (pro rata for part time) per period of bereavement. You may choose to use part of the entitlement or the full amount depending on your situation. Bereavement leave can be used in one block or it can be spread over a period for example to support with making funeral arrangements etc. Bereavement leave must be requested by the employee. Authority to bereavement leave sits with the line manager. Sickness absence leave should not be used as an alternative to bereavement leave. Sickness absence leave is only appropriate for employees who are suffering from a health problem or illness.
Parental Bereavement Leave Parental Bereavement Leave is available to support employees who are coping with the bereavement of a child, up to the age of 18. Mothers who experience a still birth after 24 weeks of pregnancy are entitled to parental bereavement leave, however in such circumstances, they may wish to refer to the Maternity policy for alternative leave options.	Parental Bereavement Leave is with pay. Parental Bereavement Leave is up to 10 days’ paid leave (pro-rata) for the loss of your child up to the age of 18 years. The leave can be taken in one block of two weeks, or two separate weeks, within 56 weeks of the date of death. Anyone with a parental, guardian or carer relationship with a child is entitled to parental bereavement leave, not just those who are a child's biological or adoptive parents. For example, the child’s parents, natural parent post-adoption, adoptive parent, intended parent in a surrogacy situation, anyone with parental, guardian or carer responsibility/ rights of a child, or the partner of the bereaved parent.
Funeral Leave Funeral leave is to support employees with their attendance at a funeral for a family member, or someone with whom they had a close personal relationship.	Up to 1 day's paid leave. Funeral leave must be requested by the employee. Authority to grant funeral leave sits with the line manager. Funeral leave may be granted in addition to Bereavement leave.
Fertility Leave Paid leave to support employees who are following a course of fertility treatment. Time off is also available if you are supporting a partner during a treatment cycle.	Up to 5 days’ paid leave (pro rata) per rolling year during treatment. Up to 3 days’ paid leave (pro rata) to provide support for a partner during treatment. If additional time off is necessary employees should consider using Annual Leave or unpaid leave. If you become ill as a result of treatment, you should follow the Sickness Absence Management Policy.
Emergency Leave for the Care of Dependents The University offers paid leave for staff to deal with an emergency involving a dependent. Examples of instances of emergency care would include but are not limited to: if a dependent falls ill or has been involved in an accident or has been assaulted, including where the victim is hurt or distressed rather than injured physically to make longer term care arrangements for a dependent who is ill or injured; to deal with an unexpected disruption or breakdown in care arrangements for a dependent; for example, when the child-minder does not turn up to deal with an incident involving the employee's child during school hours; for example, if the child has been involved in a incident at school.	The University offers 5 days paid (pro rata) leave per rolling year to help support with the Emergency Care of Dependents. A dependent is the partner, child or parent of the employee, or someone who lives with the employee as part of their family. For example, this could be an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, for example, a live-in housekeeper. In cases of illness, injury or where care arrangements break down, a dependent may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency. If an employee knows in advance that they are going to need time off they should arrange with their line manager to take this time off as part of alternative leave arrangements, such as annual leave entitlement, parental leave, as appropriate.
Jury Duty QMU recognises that jury duty is a civic responsibility of our employees and that providing time off for this is mandatory.	You will be paid by the University for the duration of the service. You do not need to claim reimbursement for earnings. You should claim expenses and subsistence from the Court. If you report for jury duty and are dismissed from Court, you will be expected to work for the remainder of each day on which this occurs. If you are told that you do not need to report to the Court on any day of your jury duty service, you are required to come to work. You must provide a copy of the jury duty summons to Human Resources and your manager within five working days of receiving the summons. Throughout jury duty leave the employee must keep their line manager informed of the likely duration of their absence. If jury duty coincides with an employee’s scheduled annual leave dates the employee will be allowed to re-schedule their annual leave for another time.
Unpaid Sympathetic Leave Sympathetic Leave is provided to allow employees to resolve immediate and urgent domestic problems.	Sympathetic leave is unpaid. This leave is unpaid. In such situations, the period of leave should generally be short, sufficient to allow the employee to make alternative arrangements. The length of sympathetic leave should reflect the specific circumstances. The University understands that unpaid leave will often be the last resort however provision is made for this to cover situations that fall out with the scope of paid leave options. Sympathetic leave should not be granted to cover normal family routine illnesses. In these circumstances, the employee should refer to emergency leave for the care of dependants or annual leave.

Circumstances

Entitlement

Bereavement Leave

Bereavement leave is granted to assist employees to cope during periods of bereavement of an immediate family member. An immediate family member is normally defined as a spouse, civil partner, partner, parent, child, sibling, grandparent or grandchild. However it is recognised that employees may have close personal relationship with relatives not listed above, the University is committed to taking a sensitive and sympathetic stance in such cases.

Bereavement leave is leave with pay.

Bereavement leave entitlement is 6 days (pro rata for part time) per period of bereavement. You may choose to use part of the entitlement or the full amount depending on your situation.

Bereavement leave can be used in one block or it can be spread over a period for example to support with making funeral arrangements etc.

Bereavement leave must be requested by the employee. Authority to bereavement leave sits with the line manager.

Sickness absence leave should not be used as an alternative to bereavement leave. Sickness absence leave is only appropriate for employees who are suffering from a health problem or illness.

Parental Bereavement Leave

Parental Bereavement Leave is available to support employees who are coping with the bereavement of a child, up to the age of 18. Mothers who experience a still birth after 24 weeks of pregnancy are entitled to parental bereavement leave, however in such circumstances, they may wish to refer to the Maternity policy for alternative leave options.

Parental Bereavement Leave is with pay.

Parental Bereavement Leave is up to 10 days’ paid leave (pro-rata) for the loss of your child up to the age of 18 years.

The leave can be taken in one block of two weeks, or two separate weeks, within 56 weeks of the date of death.

Anyone with a parental, guardian or carer relationship with a child is entitled to parental bereavement leave, not just those who are a child's biological or adoptive parents. For example, the child’s parents, natural parent post-adoption, adoptive parent, intended parent in a surrogacy situation, anyone with parental, guardian or carer responsibility/ rights of a child, or the partner of the bereaved parent.

Funeral Leave

Funeral leave is to support employees with their attendance at a funeral for a family member, or someone with whom they had a close personal relationship.

Up to 1 day's paid leave.

Funeral leave must be requested by the employee. Authority to grant funeral leave sits with the line manager. Funeral leave may be granted in addition to Bereavement leave.

Fertility Leave

Paid leave to support employees who are following a course of fertility treatment. Time off is also available if you are supporting a partner during a treatment cycle.

Up to 5 days’ paid leave (pro rata) per rolling year during treatment.

Up to 3 days’ paid leave (pro rata) to provide support for a partner during treatment.

If additional time off is necessary employees should consider using Annual Leave or unpaid leave.

If you become ill as a result of treatment, you should follow the Sickness Absence Management Policy.

Emergency Leave for the Care of Dependents

The University offers paid leave for staff to deal with an emergency involving a dependent.

Examples of instances of emergency care would include but are not limited to:

if a dependent falls ill or has been involved in an accident or has been assaulted, including where the victim is hurt or distressed rather than injured physically
to make longer term care arrangements for a dependent who is ill or injured;
to deal with an unexpected disruption or breakdown in care arrangements for a dependent; for example, when the child-minder does not turn up
to deal with an incident involving the employee's child during school hours; for example, if the child has been involved in a incident at school.

The University offers 5 days paid (pro rata) leave per rolling year to help support with the Emergency Care of Dependents.

A dependent is the partner, child or parent of the employee, or someone who lives with the employee as part of their family. For example, this could be an elderly aunt or grandparent who lives in the household.

It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, for example, a live-in housekeeper.

In cases of illness, injury or where care arrangements break down, a dependent may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency.

If an employee knows in advance that they are going to need time off they should arrange with their line manager to take this time off as part of alternative leave arrangements, such as annual leave entitlement, parental leave, as appropriate.

Jury Duty

QMU recognises that jury duty is a civic responsibility of our employees and that providing time off for this is mandatory.

You will be paid by the University for the duration of the service. You do not need to claim reimbursement for earnings. You should claim expenses and subsistence from the Court.

If you report for jury duty and are dismissed from Court, you will be expected to work for the remainder of each day on which this occurs. If you are told that you do not need to report to the Court on any day of your jury duty service, you are required to come to work.

You must provide a copy of the jury duty summons to Human Resources and your manager within five working days of receiving the summons. Throughout jury duty leave the employee must keep their line manager informed of the likely duration of their absence.

If jury duty coincides with an employee’s scheduled annual leave dates the employee will be allowed to re-schedule their annual leave for another time.

Unpaid Sympathetic Leave

Sympathetic Leave is provided to allow employees to resolve immediate and urgent domestic problems.

Sympathetic leave is unpaid.

This leave is unpaid. In such situations, the period of leave should generally be short, sufficient to allow the employee to make alternative arrangements. The length of sympathetic leave should reflect the specific circumstances. The University understands that unpaid leave will often be the last resort however provision is made for this to cover situations that fall out with the scope of paid leave options.

Sympathetic leave should not be granted to cover normal family routine illnesses. In these circumstances, the employee should refer to emergency leave for the care of dependants or annual leave.

7.1 Application of Special Leave

All types of Special Leave are subject to line manager approval. It is recognised that on some occasions the notice period for requesting some of the leave types covered by this policy may be limited. Line managers and employees should consider the best way to request and seek approval in emergency circumstances however all instances should be recorded via employee self service as soon as is practical.

8.0 - Pension Contributions while on Unpaid Leave

Employees are encouraged to ascertain the effect that taking any form of unpaid leave will have on their pension service and the circumstances in which unpaid leave could result in a break in service with their pension fund.

Further information can be obtained from your pension provider, contact details of which are provided below:

Lothian Pension Fund

Scottish Teacher's Pension Scheme

USS

Should you have any outstanding queries following review of this policy please do not hesitate to contact a member of the HR Team to discuss.

Human Resources Enquiries

The recruitment process is managed by the QMU HR team.

For any recruitment and selection process enquiries, please contact us.

Show Contacts

Human Resources Enquiries

Human Resources Team 0131 474 0000
Email