PP(99)092: CAREER/SERVICE BREAK POLICY Issue Date: November 1999

1. INTRODUCTION

The Scheme will provide an opportunity for men and women who wish to have a break in service to fulfil domestic commitments (e.g. bringing up children, caring for a dependent person) or for any other exceptional reason as agreed by the manager.   The rules governing a service break cannot be prescriptive and therefore these guidance notes should be regarded as a broad framework enabling local managers to tailor the scheme to the needs of their departments and to the individual.   It is important to ensure staff are fully aware of the implication of the Career Break and the content of this scheme is fully explained.

The flexible rules encourage managers to use the scheme as one option when adopting an imaginative approach to employment initiatives, e.g. part-time employment for a fixed term instead of a full break, returning to work in a job share or part-time basis, etc.

Whilst no guarantee can be given of a post at the end of the break period, the Trust will, if the individual has fulfilled her/his obligation under the scheme, the Trust will make every reasonable effort to offer an individual a post at the end of the break period.

2. ELIGIBILITY

All employees with at least 12 months continuous service in the Trust are eligible to enter the scheme.  There is no automatic entitlement to join the scheme.   The issues, which will be considered by the manager, will be:-

a)      Current and anticipated skill/qualification shortages.

b)      Ability to guarantee re-employment in same or similar post.

c)      General performance and attendance record, depending on circumstances.

3. DURATION OF CAREER/SERVICE BREAK

The length of any break in service is subject to agreement between the manager and employee and will be for no longer than 2 years in the first instance.

Though there are no restrictions on the number of service breaks an employee can have during their employment with the Trust, managers will have to reconsider all aspects under the above when each new application is received.   There will be a minimum requirement of 2 years between service breaks.

4. CONDITIONS DURING THE BREAK

During the break, the employee will be expected to fulfil certain requirements, the purpose of which is to maintain his/her skills, knowledge and expertise in an up-to-date state, thus ultimately enabling a smooth transition back into employment.   In particular she/he will be required to:

a)      make her/himself available to undertake a minimum of two weeks’ paid employment per annum, as agreed with their Head of Department.

b)      endeavour to attend any seminars or meetings to which she/he is invited by the Trust.

c)      maintain his/her professional membership and/or State Registration where this is required to employment purposes.

d)      keep knowledge updated by reading a relevant professional journal and endeavouring to attend professional meetings, journal clubs etc.

e)      attend a minimum number of training sessions, as specified by the Manager in consultation with member of staff for the purpose of updating/refreshing her/his knowledge and skills.   This can take place at other recognised establishments to the Trust’s satisfaction.

During the break, the Trust will:

a)      provide for the individual a minimum of two weeks’ paid employment per annum, at the grade on which she/he was previously employed.   This will normally be the provision of cover for absent employees (e.g. annual leave, sickness, maternity), in order to offer further operational experience.   Where this is not available, or where circumstances warrant, project work may be provided.   The timing of paid employment will be agreed in consultation with the member of staff concerned.   The Head of Department will have due regard for the need for placements to provide a balanced spread of experience, in accordance with the needs of the service/discipline.

b)      keep the individual in touch with developments in the sphere/department by including her/him  on the circulation lists for receipt of key information on the development of the Service.

c)      ensure that the individual is invited to relevant seminars, training updates, and key departmental meetings.

5. PROCEDURE FOR APPLICATION

a)      To Departmental Manager on the attached form.

b)      Interview with Manager  to discuss issues of eligibility and conditions on return.

c)      If approved, detailed letter incorporating terms of the agreement as outlined in this guideline.

d)      If declined  -  reason to be given.   If the employee feels their application has been unreasonably refused, an appeal may be lodged with the Director of Personnel & Corporate Resources.   There will be a further stage to the Chief Executive.  There is no right of appeal beyond this stage.

6. TERMS AND CONDITIONS

The employee must resign from their employment prior to entering the scheme and should state the intended duration of the break as agreed with the manager giving a clear intention in writing to return to work with the Trust for a minimum period of employment as per table below:

A career/service break may commence immediately following maternity leave for those employees who have opted to take maternity leave in accordance with the Employment Rights 1996 Act conditions.   Staff who have opted for paid leave in accordance with the Trust’s Conditions will have to repay the excess pay received or return to work for a minimum period of three months prior to the career-service break commencing.

A break in service may be extended beyond the agreed time following consultation and agreement by the Director of Personnel & Corporate Resources provided the total duration of the career break does not exceed 5 years.

The period of absence will not be regarded as continuous employment for the purposes of the Employment Rights Act 1996, as amended.   A period of absence on this career/service break shall not be regarded as a break in service for the Trust’s Conditions although the period of the break will not itself count as reckonable service.   Periods of paid employment with the Trust during the break will count as reckonable service.

REVIEW AND MONITORING

This policy and procedure will be reviewed and monitored by the Director of Personnel & Corporate Resources in consultation with the Trust Council.

See also: Career Break Application Form