Equality & Human Rights Impact Statement:

2. Objectives:

The purpose of this policy is to:-

4. Outline the framework within which a career break may be considered and supported in an equitable and consistent manner.

5. Outline circumstances in which an application maybe declined.

3. Scope:

3.3 This policy is applicable to all Trust staff with 12 months or more service.

3.4 This policy is effective 19 January 2010.

4. Equality & Human Rights Impact Statement:

This procedure embraces diversity, dignity and inclusion in line with emerging Human Rights guidance. We recognise, acknowledge and value difference across all people and their backgrounds. We will treat everyone with courtesy and consideration and ensure that no-one is belittled, excluded or disadvantaged in anyway, shape or form.

5. Duties:

5.4 The Human Resources (HR) Department is responsible for keeping the provisions within this policy in line with employment legislation and best practice people management principles.

5.5 Managers, HR employees and trade union representatives are responsible for providing advice and guidance to employees on the application of this policy and procedure.

5.6 Management and trade union representatives are responsible for bringing any mutually beneficial improvements to this policy to the attention of the Trust.

Page 30 of 81 6. Career Break Scheme

6.1 Eligibility

i. This policy is open to all staff that has completed 12 months continuous service with the Trust.

6.2 Contractual Status of Employees on a Career Break

i. An employee who successfully applies for a career break will have their contract suspended for the duration of the career break. On return from career break, the contract will then resume with no loss of continuity of service. The employee’s length of service will be aggregated.

ii. The leave is unpaid and contact with the employer is maintained throughout the career break period (see 6.8).

iii. Employees that take a career break will be expected to maintain and update their professional registration as required by their role e.g. HPC registration.

iv. For the purposes of Data Protection Act 1998 and the protection of confidential information, the entire period of the employment break is governed by the Trust’s confidentiality policy.

v. Employees should be aware that other conditions of service and their role may be reviewed and adapted during the period of the career break. This may include policies, procedures, pay dates etc. An employee returning from a career break will be subject to these new terms and conditionsas per 6.8.

vi. If an employee takes a career break of one year or less, the Trust guarantees so for as reasonably practicable, that the employee will return to the same role.

vii. If the career break is longer than one year, the employee may return to as similar a role as possible.

6.3 Reasons for a Career Break

i. A career break may be granted for a variety of reasons deemed reasonable by the manager and individual and may include:

 Carer responsibilities

 Personal development

 Voluntary work

 Travel

 Study

ii. Not all applications will be approved so an employee must not commit themselves to any plans prior to his/her application being approved.

6.4 Reasons why an Application might be Declined

i. When considering a career break application, the following factors will be taken into account:

 The purpose of, or reasons for, the career break;

 The period of absence requested;

 The employee’s length of service;

 The employees’ remaining length of employment contract;

 Whether the employee has taken a career break on a previous occasion;

 The operational needs of the department / service

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 The need to retain key skills, knowledge and experience to achieve the Trust’s longer term strategic objectives and ensure that employee’s expertise is aligned to service demand/priority activities.

 The potential to be able to cover the post on a temporary basis;

 The potential for the employee to return to a similar / the same post;

 The potential benefits to the department / service / individual employee

This list is non-exhaustive therefore other factors may influence the Trust’s decision.

ii. Entitlement to a career break is not a right, but will be considered in the light of service needs.

In certain circumstances, a career break may not be the most appropriate arrangement. Where this is the case, an alternative which is more appropriate to the individual case may be agreed between the employee and their manager.

6.5 Appeals Should an Application be Declined

Employees will be entitled to a written reason for the refusal of their application. They may access the grievance procedure if a request for a career break or extension is refused.

6.6 Length of and Number of Career Breaks

A career break is available for a minimum of three months and a maximum of five years dependent on circumstances and their related impact on service provision.

More than one break can be taken, not exceeding the maximum of five years, but there must be a minimum of one year worked between each break.

6.7 Other Paid Employment whilst on a Career Break

Employees on career breaks will not normally be allowed to take up paid employment with another employer except where, for example, work overseas or charitable work could broaden experience.

In such circumstances written authority from the Trust will be necessary.

6.8 Keeping in Touch Arrangements

As part of the career break scheme the Trust and the individual must make a commitment to keep in touch, wherever possible, to help keep up to date and facilitate his/her return to work. This may take the form of flexible working, or attendance at training courses if required. The method for keeping in touch that is suitable for the individual and the service should be established (between the individual and the line manager) prior to the start of the career break.

Any work undertaken whilst on a career break e.g. by attending training days will be paid at the appropriate rate for the post covered.

6.9 Pension Contribution

It is the employee’s responsibility to make enquiries about their pension contributions and the impact a career break may have on future pension benefits.

For purposes of the NHS Pension Scheme a period of absence on a Career Break Scheme will not count as either reckonable or qualifying service for pension purposes. To prevent detriment to the pension, contributions can either be maintained during the break, or paid by regular monthly instalments after the break.

6.10 Lease Cars

Lease car users taking a career break will be expected to undertake by written agreement one of two options:-

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i. To terminate the contract, return the car prior to the commencement of the career break and pay any penalties that are incurred. In this case the organisation will make every effort to reallocate the car but this cannot be guaranteed.

Or

ii. To keep the car and continue to pay via a direct debit monthly arrangement taking on the full cost of the lease, including insurance, until the contract expires or they return to work, whichever occurs first.

Lease car contracts terminating during the break will not be replaced until the user returns to work.

6.11 Leave Entitlement

The periods before and after the career break are joined together for the purposes of entitlement to sick leave, maternity leave and annual leave and are treated as continuous service etc. This is to allow the period of the career break to be counted as continuous service otherwise the employee would not be entitled to claim any occupational annual pay/leave, sick pay/leave, maternity pay/leave, and paternity pay/leave or adoption pay/leave. Nor will the career break period count for redundancy or pay protection purposes.

6.12 Annual Increments

Employees will return to the incremental pay point that they were on prior to the career break and retain the same incremental date.

The period during the career break (including any time at work in accordance with keeping in touch arrangements) will not count towards an employee moving incrementally through a pay band.

6.13 How to apply for a Career Break

i. An employee, who wishes to apply, should complete the form in Appendix 1 giving details of the length of the proposed break and the reasons. The form should be submitted to the employee’s line manager at least three months prior to the proposed start of the break.

ii. The individual may wish to seek advice from their trade union representative.

iii. The manager will arrange for a meeting to take place within 28 days after receiving the application. At the meeting the manager will discuss the application with the individual taking all factors into account such as:

 Alternative methods for covering the post

 Current/projected workload of the department

 Operational demands on the service

 Length of the proposed career break

 Needs of the department- other staff may be on extended leave such as maternity leave or sickness etc

 Reason for the application

 Shortages of professional staff and the necessity to retain skilled workers

iv. The line manager will expect the employee applying for the career break to show that s/he has a commitment to return to work following the break.

v. The manager should notify HR of the request before any agreement is given. This will ensure a consistent and fair application to the scheme.

vi. Where approval is given the employee will be given a career break agreement and will be asked to sign it signifying acceptance of the conditions that apply (see appendix 2)

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vii. If an individual wishes to negotiate a variation to the agreement whilst on the career break (e.g. return to work earlier than planned), this will be considered in the same way as the original application as outlined above. Wherever possible a variation request will be viewed positively. However, there can be no guarantee that a request will be agreed in which case the member of staff will be expected to return to work as originally agreed.

viii. The Manager will ensure that all necessary documentation is completed and processed e.g.

an ESR contractual change form to ensure that all systems are updated appropriately.

ix. The Trust maintains the right to refuse an application for a career break.

Where an application is rejected, the applicant will be given written reasons for the decision within 14 days of the meeting and have the right to appeal, see section 6.5 above.

6.14 Return to Work

i. It is the employee’s responsibility to inform their line manager in writing of their intention to return to work giving a minimum of two months notice if the career break is less than a year or six months if the career break is more than a year.

ii. Should an employee wish to extend a career break, they should provide written notice of two months if the career break is less than a year or six months if the career break is more than a year.

iii. Should an employee wish to return early from a career break, they should also provide the same length of notice in writing. The request should be duly considered and where possible facilitated. However in some circumstances it may not be possible to approve the request for example if a fixed term contract for another employee is in place.

iv. Under normal circumstances, failure to communicate with and/or return to work on the date agreed may be treated as the employee resigning from the Trust.

v. An employee will have the opportunity to appeal against this decision via the Trust’s grievance procedure.

vi. It will be a requirement for the employee to undertake all necessary pre employment checks as outlined in the Trust’s Pre and Post Employment Checks Policy e.g. CRB check where applicable, medical assessment and to provide evidence of professional registration where applicable prior to return to work depending on the length of the career break.