Discretionary Leave policy (PS 150)

Aims and Objectives of the Policy

Nottinghamshire Police and the Office of the Police and Crime Commissioner (OPCC) is committed to the achievement of an effective work/life balance, which has a positive impact upon our police officer and police staff wellbeing, motivation, attendance and performance, both individually and collectively.

Nottinghamshire Police and the OPCC recognises that whilst an individual’s entitlement to periods of leave is expected to contribute significantly to their ability to balance their work and non-work commitments, unforeseen events may occur. Individuals may be unable to plan or allocate leave in advance for such eventualities.

This policy and its supporting procedure clarify the circumstances under which individuals may request discretionary leave and the framework against which the Force and OPCC will deal with such requests with a transparent, equitable, fair and consistent approach. The policy also underpins our commitment to develop a workforce fit for the future.

This policy is applicable to:

• All police officers of Nottinghamshire Police, except those above the rank of Chief Superintendent
• All police staff
• All OPCC staff
• For the purposes of this procedure, staff refers to police staff and staff of the OPCC

This policy should be read in conjunction with PD 614 the Discretionary Leave Procedure

The key principles underpinning the policy are as follows:

• Nottinghamshire Police and the OPCC is committed to developing and maintaining a culture of partnership and mutual trust in which individuals are supported in achieving an effective work life balance
• The Policy seeks to provide a framework to enable managers to make fair and equitable decisions, which are managed locally on a case by case basis
• Individuals are expected to take all reasonable steps to plan and utilise their annual leave, together with the effective utilisation of any accrued toil, flexi or rest time, to enable them to meet their personal non work commitments
• Where a Police Officer or Police Staff’s spouse, partner or civil partner is injured whilst on a military or police deployment, line managers should try and support if operationally possible. The support could involve the temporary change of working hours, agile/flexible working, short notice request to use their entitlements or unpaid leave etc. This should be kept at a reasonable frequency and is subject to line manager’s approval
• The Force and OPCC recognises that unforeseen events and emergencies may occur within an individual’s personal life for which they are unable to plan and for which they may require a brief period of discretionary leave from work at short notice
• Providing appropriate time to support individuals who have suffered the death of a family member
• Excluding Statutory Bereavement Leave, discretionary leave is not a right and the Force and OPCC will only consider approval in circumstances and or emergencies for which the individual could not be expected to plan or have prior knowledge
• Requests for discretionary leave will be considered on a case by case basis in a fair, transparent and equitable way reflective of recognised equality and diversity best practice. Advice can be sought from People Services
• Individuals who require an extension to an approved period of paid discretionary leave may elect to utilise annual leave and/or any accrued flexi, toil or rest days for all or part of that extension rather than taking unpaid leave
• All references to hours or days in the policy and procedure should be pro rata for police officers or police staff who work less than full time hours
• Where both spouses, partners or civil partners work for Nottinghamshire Police or the OPCC the amount of time available as discretionary leave for each incident will be pro rata

Policy Statement

It is expected that, with the exception of bereavement, discretionary leave would normally be requested no more than 3 times per annum. Line managers are responsible for monitoring this. Circumstances for which discretionary leave of absence can be approved are as follows.

3.1 Bereavement

Discretionary Support for Bereavement

A period of paid discretionary leave can be approved for individuals who are bereaved as follows:

Relationship with the individual	Discretionary leave for police officers and police staff (pro rata for part time police officers and police staff
Immediate Family: spouse, partner, civil partner, sibling, parent or spouse/partner/civil partner’s parent; birth child, adopted child, foster or step child or other individual who is determined to have a parental style relationship	Up to 10 working days
Family Son in law or daughter in law	Up to 5 working days
Other relatives: Nephew, niece, aunt, uncle, grandparent	Up to 1 day

Extensions to bereavement leave may be considered, as unpaid leave.

Statutory Bereavement Leave (Jack’s Law)

Jacks Law is 2 weeks of statutory Parental Bereavement Leave. A further paid discretionary period of up to 5 days can be considered for approval where Jacks Law is applicable only.

Officers and staff are entitled to 2 weeks Statutory Parental Bereavement leave if their child:

• dies under the age of 18
• is stillborn after 24 weeks of pregnancy

The right to Statutory Parental Bereavement Leave is irrespective of service with the employer.

Police officers or police staff can claim this leave if they are the:

• birth parent
• natural parent (the person who gave birth to the child who has since been adopted, but has a court order to allow them to continue having access to the child)
• adoptive parent, if the child was living with them
• person who lived with the child and had responsibility for them, for at least 4 weeks before they died
• 'intended parent' – due to become the legal parent through surrogacy
• partner of the child's parent, if they live with the child and the child's parent in an enduring family relationship

Statutory Parental Bereavement Leave can be used within 56 weeks of the date of the death of their child. It can be taken as either:

• 2 consecutive week
• 2 separate weeks
• 1 week only

If an employee takes 2 weeks, this can be taken in one go, or as 2 separate weeks. For example, they could take 1 week immediately after the death, and take the other week later on.

The leave must end within 56 weeks of the child's death or stillbirth. The date of the child's death is the first day of the 56 weeks.

This means the parents can match their leave to the times they need it most, including the first anniversary of the child’s death.

Parental Bereavement Pay

If an officer or staff have been with Nottinghamshire Police or the OPCC for at least 26 weeks, they will be entitled to Statutory Parental Bereavement Pay if all of the following apply:

• their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy
• they were employed when their child died
• the individual has worked for Nottinghamshire Police for at least 26 weeks, on the Saturday before the child's death
• they earn on average at least the average weekly minimum amount set by the government

If a police officer or staff or their partner has a stillbirth or miscarriage

If a child is stillborn after 24 weeks of pregnancy, the:

• birth mother can get up to 52 weeks of statutory maternity leave or pay
• birth father can get up to 2 weeks of paternity leave or pay
• partner of the birth mother or adopter can get up to 2 weeks of paternity leave or pay

They will both be entitled to 2 weeks of parental bereavement leave after they finish their maternity or paternity leave.

If a miscarriage happens in the first 24 weeks of pregnancy, there's no entitlement to statutory maternity, paternity or parental bereavement leave.

Time off for dependants

By law, anyone legally classed as an employee can take time off to help a dependant with an emergency. A dependant is a close family member or someone who depends on you.

Who counts as a dependant

• their husband, wife, civil partner or partner
• their child
• their parent
• a person who lives in their household (not tenants, lodgers or employees)
• a person who relies on them, such as an elderly neighbour

The Police Staff Council Handbooks states time off for dependants is to deal with short term difficulties or to make arrangements to deal with long term difficulties, which will normally be restricted to one or two day’s duration and will be paid. For further details, review the Police Staff Council Handbook for staff.

A member of a police force is entitled to be permitted by the chief officer to take a reasonable amount of time off during their normal duty periods in order to take action which is necessary:

• To provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,
• To make arrangements for the provision of care for a dependant who is ill or injured,
• In consequence of the death of a dependant,
• Because of the unexpected disruption or termination of arrangements for the care of a dependant, or
• To deal with an incident which involves a child of the member and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for them.

For police officers there is no set amount of time allowed to deal with the issue but for most cases one or two days constitutes reasonable time off to deal with the matter. Any more than two days should be considered exceptional circumstances and any more than this should be referred to Head of Department/Head of People Services and processed by the Lifecycle team. Please note. this is not in addition to another discretionary leave type but to be used in conjunction with another leave type e.g. annual leave, flexitime, TOIL, unpaid leave etc.

The right to time off for dependants could apply to a wide range of different circumstances. The right is not for long term care arrangements for example childcare or nursing a sick relative.

3.2 Unexpected loss of, or disruption to, planned arrangements for a dependent

Discretionary leave may be requested to make contingency arrangements for the care of a dependant in one or more of the following circumstances.

• Loss of planned care due to accident/injury/emergency affecting the designated carer
• To deal with an incident which involves a child of the police officer or police staff which occurs unexpectedly in a period during which the school/educational establishment is responsible for the child
• A dependant is unable to attend day care provision or sent home from provision due to unexpected illness, accident/ injury or emergency affecting care facilities

An initial paid discretionary leave period of up to 1 to 2 days for police officers and police staff may be approved.

Extensions will be at the Force’s discretion and further leave of up to 2 days unpaid may be approved for a single incident. Please note. this is not in addition to another discretionary leave type but to be used in conjunction with another leave type eg annual leave, flexitime, TOIL, unpaid leave etc.

3.3 Unexpected illness or accident/ injury to a dependent

Discretionary leave may be requested to enable arrangements to be put in place to safeguard the dependant.

An initial paid leave of absence of 1 to 2 days may be approved.

Extensions will be at the Force’s and OPCC’s discretion and further leave of up to 2 days unpaid may be approved for a single incident.

Please note. this is not in addition to another discretionary leave type but to be used in conjunction with another leave type eg annual leave, flexitime, TOIL, unpaid leave etc.

3.4 Medical Appointments

Appointments outside of work with doctors, dentists, hospital appointments, etc. must be made in the individual’s own time wherever possible.

If it is not possible to arrange such appointments in the individual’s own time, the appropriate documentation must be made available to the line manager so that their shift/working day may be altered or time off agreed.

Individuals who are required to attend disability related treatment and medical appointments should seek to arrange appointments outside of work hours. However, where this is not possible then a request for paid leave should be submitted to their line manager. Paid time off will be considered by the line manager taking into account what is reasonable for the individual and their department and the shift pattern they work.

3.5 Medical Screening

Medical screening is an investigatory/exploratory process where there are more in depth screening required usually at hospital/specialist.

Necessary paid time off for up to 1 day shall be granted for the purpose of appropriate medical screening. This time off includes reasonable travelling time.

3.6 Domestic Emergency

Discretionary leave may be requested to deal with the following domestic emergencies.

• Damage to home due to flooding; fire; subsidence; extreme adverse weather
• Significant damage to, or loss of, property due to burglary or theft
• Utilities failure placing property and/or home contents and dependants at risk
• Accident/ injury/ theft of domestic or farm animals owned by the individual

Discretionary leave of up to 1 to 2 days paid may be approved for a single domestic emergency. Extensions will be at the Force’s and OPCC discretion and further leave of up to 2 days unpaid may be approved.

3.7 Adverse Weather conditions

Individuals should, if practical, report to their nearest police station or an alternative Force premises or work agile if it is possible to carry out their work with their manager’s permission. If an individual is unable to attend or remain at work due to extreme adverse weather conditions, they will be expected to take annual leave or accrued flexi, toil or rest day time to cover the period of absence.

3.8 Discretionary leave application process

The individual or exceptionally a proxy on their behalf will notify the manager as soon as reasonably and practically possible of the emergency or unforeseen event.

The initial discretionary leave decision will be made with minimal delay.

Any extension to the approved discretionary leave must be requested by the individual or a proxy on their behalf as early as possible and prior to leave being taken.

All discretionary leave both paid and unpaid will need to be added on MyZone by the individual or the line manager. If you request more discretionary leave than in this policy, it will result in unpaid leave for the additional period.

Any requests for paid leave outside of this policy must only be approved by Head of Department and Head of People Services.

3.9 Police Sports United Kingdom (PSUK)

Police Officers and staff members may be eligible for up to 2 days paid time off including travelling time when representing the Police Sports United Kingdom (PSUK) team. Please note this does not include sports practice.

This is on a case-by-case basis and number of individuals attending the event i.e 15 individuals playing for a football team entering a PSUK tournament over 2 days may receive 1 days paid leave each including travelling time. Individuals will require line manager support and must be approved by the Sports and Social Club Secretary or in their absence by the Chair of the Sports and Social Club.

In the event a member or team attending multiple PSUK events within a leave year the Sports and Social Club Secretary and in their absence the Chair of the Sports and Social Club will determine a reasonable and proportionate amount of paid time off (with a maximum limit of 40 hours (inclusive of travelling time) will apply in any leave year.

3.9.1 Travelling Time

Travelling time may only be applied to travel occurring within rostered duty times.

Within United Kingdom

Individuals attend PSUK sports may be awarded for up to a maximum of 3 hours per return journey.

For example;
Rostered Duty: 1000 – 1800
Fixture Time: 1500 – 1730
Return Journey duration: 1 Hour

The individual’s entitlement for travel: 1 Hour 30 minutes (1 Hour outward journey, 30 minutes return journey as duty, and entitlement, cease at 1800.

Journey times must be calculated using Google Maps.

Outside United Kingdom

The calculation of travel time outside United Kingdom will be dependent on the mode of transport utilised, however, it will be capped at a maximum of 10 hours i.e. 5 hours for the outward journey and 5 hours for the return journey.

Where travelling by road only Google Maps must be used to calculate travelling time.

Where other means of transport are used, travel time is determined by the transport schedule, which must be submitted with the application for attendance at the PSUK sports event.

Where multiple forms of transport are used travel time, where applicable, must be calculated by the transport schedule and Google Maps.

3.9.2 Travel Time Exclusions

Where it is possible for the outward and or, return journey to be undertaken on the same date as the competitive event however, the attendee elects to defer travel to another day, that journey will not attract travelling time.

3.9.3 Competing in multiple sports or multiple classes

Where a police officer and police staff member competes across multiple sports within PSUK, a maximum limit of 40 hours competing in the PSUK sports match/event (inclusive of travelling time) will apply in any leave year.

3.9.4 Exclusions

Paid time off and travelling time will not be awarded for non-competitive activities, for example.

1. Practice fixtures, whether standalone or forming part of a larger competitive event
2. Training fixtures
3. Nottinghamshire Police selection or “try out” events, for any class
4. Non Scheduled Sports or events without the support of the Nottinghamshire Police Sports and Social Club and, approval by the Sports and Social Club Secretary and in their absence by the Chair of the Sports and Social Club
5. Formal or informal social functions relating to sporting events
6. Greeting, transporting or hosting visiting teams
7. Preparation for events including but not limited to; inspection of grounds, administration of managing teams, travel or events etc.
8. Locally organised competitions / fixtures other than:-

• PSUK GB selection accompanied appropriate selection letter.

This list is not exhaustive and consideration for individuals to received paid time off and travelling time will be made on a case-by-case basis.

3.10 Professional Sporting or official police sport events (non PSUK Sporting events)

For other professional sporting /official police sport events or related activities (non PSUK sporting events), police officers and police staff are entitled to take annual leave or time off or have their duties adjusted to participate in those events, if annual leave, shift changes or time off can be granted without compromising Nottinghamshire Police’s ability to deliver day to day operational requirements/functions.

3.11 Restriction of Liability

Officers and Police Staff will not be directed to participate in any Police Sport save for during Operational Police Training (as defined in 3.11.1). Accordingly, participation in any Police Sport by Officers and Police Staff is done so voluntarily. Any such participation is done so at their own risk. Any participation must be done in their own time and the Officer or Police Staff will not be considered to be “on duty” for the purposes of injuries whilst on duty under the Police (Injury Benefit) Regulations 2006 or any other relevant legislation. Please note. agreed time off is considered your own time and not duty time.

3.11.1 Operational Police Training

Training which is specifically designed to enable officers to carry out their role as a police officer and includes but is not limited to Public Order and/or Probationer Training.

3.12 Insurance Protection

Police officers and police staff who are members of Nottinghamshire Police Sports and Social Club and who represent the Police in a sport which is funded by Nottinghamshire Police Force Sports and Social Club are covered by their insurance in the event of accident or injury, whether on or off duty (subject to terms and conditions).

Statement of legislative compliance

This document has been drafted to comply with the general and specific duties in the Equality Act 2010; General Data Protection Regulations 2018, Freedom of Information Act; European Convention of Human Rights; Employment Act 2002; Employment Relations Act 1999, Employment Right Act 1996, Statutory Bereavement Leave 2020 and other legislation relevant to policing.

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PS 150:
Discretionary Leave Policy

Type of Document:
Policy

Version:2.0

Registered Owner:
Claire Salter - Head of People Services and Organisational Development

Author/Reviewer:
Sue Sullivan

Effective Date:
January 2024

Review Date:
January 2029

Replaces Document (if applicable):
N/A

Linked Documents:
PD 614 the Discretionary Leave Procedure
PD 039 Career Break Procedure
PD 613 Flexible Working Procedure
PS 313 Agile Working Policy