The University recognises that there are a range of circumstances when you may need to take time away from work, but that it may not be reasonably expected for you to use annual leave or flexitime.

Leave in special circumstances is intended to provide a sympathetic response to this, and the procedure and guidance provide a framework for making and considering these requests for time off.

There are a number of reasons for which leave in special circumstances may be considered, and which are covered by this guidance. These are:

• Armed Forces leave
  If you are a member of HM Armed Forces Reserves you are entitled to paid leave to meet training requirements and unpaid leave if you are mobilised
• Bereavement
  If a close family member, dependant or partner dies
• Compassionate circumstances
  If you have serious personal or family problems. This includes unpaid time off to care for a dependant
• Domestic emergencies
  If you suffer an unexpected domestic emergency that requires immediate attention
• Public and community service
  If you serve on certain public or community bodies
  

1. Leave in special circumstances

1.1 The University recognises that there are a range of circumstances when you may need to take time away from work, but that it may not be reasonable for you to use annual leave or flexi leave. Leave in special circumstances is intended to provide a sympathetic response to this, and this procedure provides a framework for making and considering these requests for time off.

1.2 Leave in special circumstances may be unpaid or may, sometimes, be paid. When considering applications, line managers or Heads of Department must decide which is appropriate in line with the advice below. Guidance on how to apply for leave in special circumstances, and advice on how to consider and decide an application is contained in the guidance to this policy.

2. Bereavement leave

2.1 Bereavement leave is discretionary and will normally be paid for between one and five days. Bereavement Leave may be granted for a longer period but additional Bereavement Leave would normally be unpaid.

2.2 Bereavement Leave may be granted if a member of your close family or partner dies.

2.3 In considering your request your supervisor/manager/ Head of Department (as appropriate) will take account of your circumstances. These are likely to include: the nature of your relationship with the deceased; the extent to which other family members are available for support; your responsibilities in relation to the deceased, and how far away the deceased lived.

3. Compassionate leave

3.1 Compassionate leave is discretionary, and if granted will normally be paid to a maximum of five days in any 12 month period. If you are not granted compassionate leave, you may be entitled to take a reasonable period of unpaid time off work to deal with an emergency involving a dependant.

3.2 Compassionate leave may be granted if you have serious personal or family difficulties. This type of leave is designed to help you in exceptional circumstances, for example if a dependant falls ill or is injured, or if care arrangements break down.

3.3 In considering your request your supervisor/manager or Head of Department (as appropriate) will take account of all the circumstances, and will also first explore with you whether other solutions such as annual leave, flexi leave or temporarily reducing your contracted hours could help. For longer periods of leave (over one month) it may be more appropriate to consider whether a career break might apply.

4. Domestic emergencies leave

4.1 Domestic emergencies leave is discretionary, and if granted will normally be unpaid and limited to one or two days.

4.2 Domestic emergencies leave may be granted if you suffer an unexpected domestic emergency that requires immediate attention, such as a flood or burglary.

4.3 In considering your request your supervisor/manager Head of Department (as appropriate) will take account of the nature of the emergency, whether the request is reasonable and whether you have been granted leave for domestic emergencies before. Your supervisor/manager Head of Department will also consider whether you have other annual or flexi leave available to cover the emergency.

5 Public and community leave

5.1 Public and community leave is normally paid. You will normally be granted paid leave for the following activities:

Activity	Maximum annual entitlement
Magistrate	18
Local councillor	18
School or college governor (eg for Ofsted inspection)	4
Chairperson of public body	Up to an additional 6 days for any duties in addition to allowances above
Jury service	As required by the court

5.2 You should obtain the agreement of the University before undertaking voluntary public service, to ensure it can be balanced with the requirements of your job.

5.3 If you are granted time off with pay for undertaking public duties you must refund to the University any attendance fees or any compensation paid, other than those for travel and subsistence. No travel or subsistence will be paid by the University.

5.4 You may also apply for reasonable, unpaid time off for certain other public duties, not included on the list above: in these cases HR may be contacted for advice.

6. Armed Forces leave

6.1 If you are a member of HM Armed Forces Reserves you are entitled to:

• paid leave to meet training requirements to a maximum of five days and
• unpaid leave if you are mobilised.

6.2 You must provide the relevant documentation when applying for Armed Forces Leave to meet both training and mobilisation requirements.

6.3 You are allowed to accept any payments from the Ministry of Defence that result from either training or mobilisation. During call-up your University salary will be stopped and you will be paid a military salary. If your military salary falls short of the salary you would otherwise have received, you may claim an award to compensate for the shortfall from the Ministry of Defence.

1. Applying for leave in special circumstances

1.1 Employees should discuss applications for leave in special circumstances with their supervisor/ manager/ Head of Department stating:

• the category of leave in special circumstances they are applying for
• the reason(s) for the application for leave in special circumstances
• the period of leave in special circumstances that they are applying for, including dates

1.2 The University recognises that requests for leave in special circumstances are often urgent and cannot always be made in advance. When possible though, employees should apply in advance and put their reasons for needing the leaver in writing. Verbal agreement to leave in special circumstances may be granted but a retrospective application should be made and kept as a record.

2. Considering and deciding on an application

2.1 The supervisor/manager/ Head of Department should:

• discuss the application with the employee and, where necessary, gather more information
• first consider with the individual the options available including whether any other type or combination of leave is more appropriate
• decide whether any leave in special circumstances is to be paid and/or unpaid - unless already specified in the policy
• consider applications fairly on the basis of individual circumstances and service needs
• use their discretion in agreeing the amount of time off, reasonably, consistently and fairly
• where a request is refused or not allowed in full, communicate to the employee the reasons for the decision
• when considering requests for leave to undertake voluntary public service, line managers/Heads of Department should discuss with the individual the impact on the role within the Department. In cases of doubt HR may be consulted for advice.

2.2 If the decision is disputed this is managed through the University’s grievance procedure.

2.3 The supervisor/manager/Head of Department should consider that regular, or repeated requests for leave in special circumstances, may indicate underlying problems for which the employee assistance scheme
or some other intervention may be appropriate.

3. Recording the decision

3.1 The supervisor/manager/Head of Department should keep a record of the decision including:

• whether leave in special circumstances is agreed
• the amount of any leave awarded and whether it is to be paid and/or unpaid
• full reasons for the decision
• the category of leave in special circumstances agreed
• notify payroll if the leave is unpaid, and
• notify HR Services if the leave is unpaid for over one calendar month, as HR will write to the employee at this point to confirm arrangements

4. Starting leave in special circumstances

4.1 The supervisor/manager/Head of Department should:

• put in place keep in touch arrangements with the employee before starting leave in special circumstances, especially in long term cases
• be aware that it is generally unreasonable to rescind leave in special circumstances once it has been granted unless the reason for the application has changed.

5. Returning to work after leave in special circumstances

5.1 The supervisor/manager/Head of Department should:

• arrange to meet with the employee and generally welcome them back to work, bring them up to date with any work matters that have arisen in their absence. If appropriate, check whether they whether they need any particular support as they return to their duties
• be aware that if an employee fails to resume duty after a period of paid/unpaid leave in special circumstances, the continued absence must be treated as unauthorised from the time the employee should have returned to work, and would therefore be unpaid

6. Continuity of service

6.1 An employee who takes leave in special circumstances will continue to be an employee of the University as set out in their contract of employment.

7. Pension

7.1 It is the responsibility of the individual employee to check the impact, if any, that leave in special circumstances may have on their pension arrangements. This will vary according to the rules of the scheme they are in.