1 about this procedure - hants

33016 PROCEDURE – MISCELLANEOUS LEAVE

Version: 1.19.1 Last Updated: October 2021 Review Date: October 2022

ECHR Potential Equality Impact Assessment: High

1 About This Procedure

1.1 This procedure derives from Human Resources (HR) Policy 33000 and sets out the process by which Hampshire Constabulary manages various aspects of leave.

1.2 This procedure covers:

Bank/Public Holiday

Compassionate Leave

Parental Bereavement Leave

Disability Related Leave

Dependent’s Emergency Leave

Internal Interviews and Selection Processes (time off)

NPPF Study Leave

Jury Service and Witness Summons

Police Sport

Special Constabulary Leave

Time Off for Public Duties

Transfer or Relocation (Police Officers only)

Unpaid Leave

Volunteer Police Cadet Leader

Volunteer Reserve Forces

Volunteering – Charity Work

Protected Learning Time


1.3 This procedure, where relevant, applies to Police Officers, Police Staff, and Special Constables.

1.4 This procedure has been written in accordance with the Equality

Act 2010 as well as relevant Police Regulations, UK Employment Legislation, Home Office and ACAS Guidance.

1.5 This Procedure applies to all individuals regardless of age,

disability, ethnicity, gender identity, religion or sexual orientation.

1.6 For deployable individuals (roles that are normally deployable into an operational role. Confirmation of deployable roles can be obtained from RMT) the individual must obtain approval from their line manager and then email RMT the leave details for RMT to apply the leave in CARM.

1.7 For non deployable individuals (roles that are not normally deployable

into an operational role. Confirmation of non- deployable roles can be obtained from RMT) the individual must obtain approval from their line manager and update CARM directly.

2 Risk Assessments / Health and Safety Considerations

2.1 Employment practice and procedure is mainly derived from Employment Law. Failure to follow published procedures, and the processes contained therein, may lead to the Hampshire Constabulary having to account for its actions at an Employment Tribunal. The risk here is not only financial but one of reputation, loss of confidence in the process and staff morale.

3 Procedure

3.1 Bank/Public Holiday Leave

3.1.1 In addition to their annual leave entitlement, all police officers and police staff have a public holiday leave entitlement.

3.1.2 If a public holiday falls on a rest day this will be banked and the rest day reallocated to a mutually agreeable date in the future.

3.1.3 Police officers and police staff may wish to make reference to

23901 Procedure – Religion and Belief in Employment, which includes arrangements for reallocating the 3 Christian public holidays to other religious festivals.

3.1.4 Part time and job sharing officers and staff are entitled to

public holidays on a pro rata basis.


3.1.5 Police officers holding the rank of constable or sergeant may apply to substitute a day which is not a public holiday for any day that is a public holiday with the exception of Christmas Day (3.1.3. not withstanding).

3.1.6 Applications are made via the Resource Management Team,

following the annual global invitation. Decisions regarding approval will be notified by the Resource Management Team.

3.1.7 Officers transferring in or out of the constabulary will ordinarily

have any current approved substitution upheld.

3.2 Compassionate Leave

3.2.1 For deployable individuals the individual must obtain approval from their line manager and then email RMT the leave details for RMT to apply the leave in CARM. If needed the manager can also provide the leave details to RMT on the individual’s behalf.

3.2.2 For non deployable individuals, the individual must obtain

approval from their line manager and update CARM directly. If needed the manager can also update CARM with the leave details on the individual’s behalf.

3.2.3 Compassionate leave may be granted in certain

circumstances such as the death, serious illness and/ or funeral of a family member. Compassionate leave may also follow a period of parental bereavement leave, covered in section 3.4 below.

3.2.4 Compassionate leave will not be granted to cover routine childcare arrangements.

3.2.5 Family is defined as:

a. parents/guardians;

b. siblings;

c. children;

d. spouse/partner/civil partner;

e. grandparents; grandchildren

f. parents, siblings, children, grandparents, grandchildren of spouse/partner/civil partner;

g. other relatives residing with the member of staff

at the time of the emergency.


3.2.6 Managers will use discretion in circumstances where a person has not been defined as above but has had the relationship with the member of staff as if they were. For example an aunt who has in reality performed the role of mother. Managers will also use discretion when considering other circumstances which may be covered by compassionate leave.

3.2.7 Factors which a manager will take into consideration when

deciding whether to grant compassionate leave will include:

• relationship with the person who is ill or who has died, whether this is a family member (as defined in 3.3.5) or other person where there is a similarly close relationship;

• the seriousness of the situation, e.g. whether there has been a bereavement or where there is a life- threatening illness or injury;

• the individual’s family circumstances, e.g. whether the individual has support from other family members or is having to manage the situation alone;

• the need to carry out significant travel to support a seriously ill person or to deal with arrangements when somebody has died, including attending a funeral;

• how much time off work is likely to be needed and whether this will be in one block, or two or more short periods of absence, subject to the time periods specified in 3.3.8.

3.2.8 Up to 5 paid days of leave may be granted by line managers.

This need not be full days. Compassionate leave may be taken in hours (part days) also. The District Commander or Head of Department may grant up to 10 paid days of leave for exceptional circumstances. Any period of compassionate leave which will extend to more than 10 days must be authorised by the Head of HR and Workforce Development.

3.2.9 For the purposes of paid leave, one day equates to the number of hours the officer or member of staff was scheduled to work that day.

3.2.10 Managers must not take account of any outstanding annual

leave entitlement or accumulated overtime/ flexitime when deciding whether to grant compassionate leave. Rest days falling within the period of compassionate leave will remain as rostered, but will not be taken into account when calculating the number of days of compassionate leave which may be granted.

3.2.11 It may be appropriate in exceptional circumstances for the

manager to grant compassionate leave retrospectively. Police officers and police staff may choose to take annual leave or unpaid leave if the absence is to be prolonged.


3.2.12 For individuals in need of support at this time, support is available from the Employee Support Helpline Telephone: 0800 247 1106 which provides a 24 hour confidential service offering legal and financial guidance as well as counselling. Managers are expected to sympathetically support and manage the return to work of anyone who has been absent on compassionate leave.

3.3 Parental Bereavement Leave (Appendix A)

3.3.1 Statutory parental bereavement leave is available to a police officer or member of police staff who is a bereaved parent, where they were the primary carer for a child under the age of 18 who has died, or a stillborn baby after 24 weeks of pregnancy.

A bereaved parent is anyone of the following to the child at the date of death;

a, A parent including natural parents, adoptive parents or persons who have become parents under provisions relating to surrogacy or fertility treatment

b, A natural parent of a child who has been adopted but there is a court order providing for contact with the child

c, A person with whom a child has been placed for adoption as long as the placement has not been disrupted (please see Appendix A)

d. A prospective adopter who is living with the child following the child’s entry in to Great Britain from overseas for adoption purposes and had received official notification of their eligibility to adopt

e, An intended parent under a surrogacy arrangement

f, A parent in fact (please see Appendix A)

g, A partner of any of the above but who is not a relative of the parent (please see Appendix A)

3.3.2 All police officers or members of police staff are eligible to request parental bereavement leave if the definition is met. There is no length of service requirement. There is no need for a police officer or member of police staff taking parental bereavement leave to provide a copy of the child’s death certificate or doctor’s letter. If a police officer or member of police staff loses more than one child, they are entitled to take a separate period of parental bereavement leave for each child.


3.3.3 A bereaved parent is entitled to up to two weeks of paid leave which can be taken as a single block of one week, a single of two weeks or as two separate blocks of one week at different times up to 56 weeks after the date when the child died, for example at the anniversary of the child’s death or to attend an inquest. (While the amount paid will be the same regardless of length of service, if a bereaved parent has at least 26 weeks continuous service up to the week before the child has died, and is still in post as a police officer or member of police staff, there will be an element of statutory parental leave pay included as part of this paid leave.)

3.3.4 A week is any period of seven calendar days and leave must be taken in whole weeks. There is no requirement to pro-rata this for officers and staff who are part time or who work compressed hours.

3.3.5 Parental bereavement leave may be taken immediately after a

child has died, without the need for notice to be given; this is known as the initial period. A police officer or member of police staff who is a bereaved parent will need to inform their manager of their intention to take parental bereavement leave as follows;.

3.3.6 If the officer or member of police staff is already at work when the parental bereavement is required to start and they give notification of their intention to commence parental bereavement leave, the period of parental bereavement leave will begin on the next day.

3.3.7 For parental bereavement leave starting within the first 56 days or 8 weeks from the date of death, the police officer or member of police staff must give notification to their manager no later than the time they are due to start work on the day the parental bereavement leave commences. If this is not reasonably practicable, the officer or member of police staff must give notification as soon as is reasonably practicable afterwards.

3.3.8 For parental bereavement leave starting in weeks 9 to 56 after the child’s death, the officer or member of police staff should give at least one week’s notice of their intention to take parental bereavement leave where possible or as soon as is reasonably practicable afterwards.

3.3.9 The manager must confirm with the individual the date of birth of the child, the date of death, the start date of parental bereavement leave and whether this will be for one or two weeks. It will then be the line manager’s responsibility to contact the HR helpdesk to pass on this information, along with the name and personnel number of the individual. (The HR helpdesk will forward this on to the IBC for payroll processing and will copy this to RMT.)


3.3.10 Where only one week of parental bereavement leave was

initially taken, a second week of parental bereavement leave can be taken after the initial period and should be agreed through discussion between the police officer, or member of police staff, and their manager. In this situation the bereaved parent should give at least one week’s notice of their intention to take the second week of parental bereavement leave. The manager will need to contact the HR helpdesk to confirm the start date of the second week of parental bereavement leave, along with the name and personnel number of the individual. (The HR helpdesk will forward this on to the IBC for payroll processing and will copy this to RMT.)

3.3.11 An officer or member of police staff can change or cancel their weeks of parental bereavement leave within the same notice periods as outlined above. A week of parental bereavement leave however cannot be cancelled if already commenced.

3.3.12 Where further time off is needed following a period of parental bereavement leave, the compassionate leave provisions set out in section 3.3 will apply. This may be taken immediately following the period of parental bereavement leave or at a later date, through agreement with the manager.

3.4 Disability related leave (Appendix B)

3.4.1 Recorded on form AD294.

3.4.2 Disability related leave is a reasonable adjustment whereby

Managers can facilitate absence for a reason of a disability without having to record the absence as sickness. This leave applies to officers and staff who themselves have a disability, or who are the primary carer of someone with a disability.

3.4.3 Disability Related Leave will be predictable and of a determined duration. The intention is to provide time off for planned requirements relating to someone’s disability, for instance quarterly appointments with their specialist consultant. It is presumed that the individual would otherwise be fit for work. This distinguishes it from disability related sickness absence, which covers any actual sickness related absences.

3.4.4 Disability Related Leave is paid leave, and can be taken in

hours as opposed to full days where relevant.


3.4.5 Disability Related Leave must be recorded and approved on

the Reasonable Adjustment Recording Form, AD294 and is not regarded for any reason for sick pay decisions or disciplinary proceedings.

3.4.6 Line managers must inform the Resource Management Team

of the length of leave that has been approved, so that the duties system can be updated. However, in the interests of confidentiality the term ‘disability’ will not be published on CARM. Line managers will therefore need to keep local records.

3.4.7 Examples of this type of leave are at Appendix B.

3.5 Dependant’s Emergency Leave

3.5.1 For deployable individuals the individual must obtain approval from their line manager and then email RMT the leave details for RMT to apply the leave in CARM. If needed the manager can also provide the leave details to RMT on the individual’s behalf.


approval from their line manager and update CARM directly. If needed the manager can also update CARM with the leave details on the individual’s behalf.

3.5.3 Dependant’s Emergency Leave is designed to allow officers and staff to respond immediately to an unexpected or sudden emergency involving a dependant. The emergency may occur during working hours or immediately before work is due to start when there is insufficient time to make alternative arrangements.

3.5.4 Hampshire Constabulary treats this as a paid absence to help

balance work responsibilities and caring responsibilities.

3.5.5 ‘Dependant’ means a parent, child, sibling, spouse, civil partner or partner, or someone living in the same household as the member of staff. It may also be someone who reasonably relies on the member of staff for assistance and arrangements for the provision of care, for example a neighbour.


3.5.6 These situations may include:

a. sudden illness, injury or assault;

b. making emergency care arrangements;

c. unexpected disruption to care arrangements;

d. an unexpected incident involving a child during school hours.

3.5.7 Managers must not take account of any outstanding annual

leave entitlement or accumulated overtime/flexitime when deciding whether to grant Dependant’s Emergency Leave, as this is a benefit in its own right.

3.5.8 On those occasions where the need for Dependant’s

Emergency Leave becomes frequent, regular, or indeed unreasonable, then the line manager and the individual will need to discuss the situation. The aim will be to jointly and supportively manage the need, minimising both disruption to the workplace and difficulty for the individual concerned.

3.5.9 Dependant’s Emergency Leave will not normally extend

beyond the maximum of 2 days (48 hours). It is focused on dealing with the urgent situation and making immediate necessary arrangements, not on providing long term care for dependants.

3.5.10 Dependant’s Emergency Leave is not applicable, for a

difficulty that can be foreseen i.e. planned child minder holidays, hospital or GP appointments.

3.5.11 Line managers must remain aware of the need to

sympathetically manage any welfare issues that arise from an officer or member of staff balancing work and home caring responsibilities

3.6 Internal Interviews 3.6.1 Attendance at internal recruitment and selection interviews

and processes will be in duty time (where the appointment falls on a duty day), where ever reasonably practicable to do so, in order to support the development and career progression of both police officers and police staff.

3.6.2 Attendance at external recruitment and selection interviews

and processes will be held in the officer’s or member of staffs own time, unless agreed otherwise in consultation regarding the administration of internal reviews/proposed redundancies.


3.7 NPPF Study Leave

3.7.1 Having registered for the NPPF Sergeants or Inspectors Exam officers become eligible for one day duty time granted to sit the exam and an additional one day of study leave to support their preparation.

3.7.2 Where an associated force hosted Crammer course has

been booked the study leave can be used towards some of the 3 day duration of this course. Officers not booking a place on an associate Crammer course remain eligible for the one day Study Leave but must request their preferred date for independent use from the Resource Management Team. RMT will seek to grant the date of choice but will offer alternatives should the abstraction not be possible due to operational resource demand.

3.7.3 RMT have a responsibility to ensure officers are working

time compliant, facilitate the exam in duty time and ensure minimum staffing levels. Any additional ‘rest period’ wanted by an officer, above the time in working time regulations, should be requested as leave. Any requests will be subject to departments leave policy and RMT approval.

3.7.4 Officers that have used their study leave day but that do

not sit the exam for any reason may be required to return this time owed to the Constabulary.

3.7.5 The Study Leave entitlement will be reviewed in 2021.

3.7.6 Part time and job sharing police officers are entitled to this leave on a pro rata basis.

3.8 Jury Service and Witness Summons– Appendix C applies to Jury Service only

3.8.1 For deployable individuals the individual must notify their line

manager and then email RMT the leave details for RMT to apply the leave in CARM.

3.8.2 For non deployable individuals, the individual must notify their line manager and update CARM directly.

3.8.3 Any police officer or member of police staff required by the court to give evidence as a witness in the capacity as a member of the public (i.e. not in their constabulary role) will be entitled to attend in duty time where this commitment falls on a duty day. If the court day is shorter than the working day the officer or member of staff is expected to return to duty where practicable.


3.8.4 All police officers and police staff are eligible to be called for jury service. When called for jury service they must notify their line manager by email or by the production of the court correspondence, informing them of the date and court to be attended.

3.8.5 Jury service leave and attendance at court as a witness is

paid leave.

3.8.6 The individual must inform the Resource Management

Team of the length of absence that has been approved, so that the duties system can be updated. This notification must also be copied to the line manager by the individual.

3.9 Police Sport – Appendix D

3.9.1 For deployable individuals the individual must obtain approval from their line manager and then email RMT the leave details for RMT to apply the leave in CARM.


approval from their line manager and update CARM directly.

3.9.3 Staff are permitted and actively encouraged to participate in

Police Sport UK (PSUK).

3.9.4 Some aspects of participation are permitted in duty time – Appendix C.

3.9.5 Time off and/ or changes to duty patterns are at the discretion

of line managers, taking into account general performance and operational requirements.

3.9.6 Due to distances to be travelled and the length of the

competition staff may have to be away from their workplace for three or more days and in this case there is an expectation that a member of staff will take part of the time as rest days in lieu/ annual leave or unpaid time off for up to 50% of the time away from the Force.

3.10 Special Constabulary Leave


3.10.2 For non deployable individuals, the individual must obtain approval from their line manager and update CARM directly.


3.10.3 Police Staff who are also Special Constables may be granted a maximum of 12 days Special Leave per year, subject to operational and departmental availability, under the Employee Supported Policing Scheme (ESP) to assist them in carrying out their duties. This leave may only be used for actual commitments when working or training as a Special Constable with Hampshire Constabulary. Trainee Specials can start to use their ESP leave once they have commenced their Foundation training phase.

3.10.4 Part time and job sharing police staff are entitled to this leave

on a pro rata basis.

3.11 Time Off for Public Duties




3.11.3 Police Officers

3.11.3.1 Subject to operational needs, officers may be granted reasonable time off with pay to act as school governors, whether in the capacity of parent or Police representative. Time off is not granted for school governor training but managers are encouraged to alter working patterns where reasonable to do so to accommodate attendance. Officers may also use annual leave for this purpose or may apply for unpaid leave.

3.11.3.2 An AD190 Business Interest approval is required

to become a school governor to ensure the role does not conflict with the role undertaken in Hampshire Constabulary.

3.11.4 Police Staff 3.11.4.1. Managers can authorise up to 18 days paid leave per year to undertake or train for these duties. This leave must be taken in hours where appropriate. Any additional time off will be unpaid. Overtime or time off in lieu is not claimable for these duties.

a. Member of a local authority, including a parish

or county council

b. Member of a statutory tribunal

c. Member of a National Health Service Trust

d. Member of the National Rivers Authority


e. Governor of an education establishment

maintained by a local authority to include Free Schools and Academies – point 3.11.3.2 above applies

f. Governor of a grant maintained school or higher education establishment.

3.11.4.2 Any member of police staff who performs any of the above duties must provide reasonable notice to their line manager. Leave is granted subject to operational requirements.

3.11.4.3 Some posts are termed ‘politically restricted’ preventing some forms of public duties. The contract of employment will make this clear.

3.11.4.4 Part time and job sharing police staff are entitled

to this leave on a pro rata basis.

3.12 Transfer or Relocation Leave – Police Officers Only

3.12.1 Officers who are granted a Regulation 35 move and who actually move house, will be granted leave as per the Procedure 33014 – Regulation 35 Relocation Assistance for Police Officers.

3.13 Unpaid leave




3.13.3 Once approved and updated on CARM, the individual’s pay

will automatically be adjusted with SAP

3.13.4 A maximum of 2 months unpaid leave can be applied for. Each case will be considered on its merits and balanced against the needs of the service. The frequency and/ or regularity of requests will need to be determined as reasonable by the line manager.

3.13.5 Longer periods of unpaid absence will be regarded as career

breaks and should be applied for/ considered under that process.

3.13.6 For Police officers, if you wish to pay pension contributions for


a period of unpaid leave, you must notify the Police Pension Authority within three months of your return to work, or by the date you leave the police force if that is earlier. The contributions must be paid within six months of the date that the Police Pension Authority informs you of the amount to be paid.

For Police staff who are members of the Local Government Pensions Scheme, if you are granted unpaid leave, the period will not count for pension purposes unless you elect to pay Additional Pension Contributions (APCs) to purchase the amount of pension lost during that period of absence. The amount of pension lost is calculated as the appropriate fraction of your lost pensionable pay for that period of absence (i.e.1/49th of your lost pensionable pay if you were in the main section of the scheme or 1/98th if you were in the 50/50 section).

You can pay these additional contributions by spreading payment over 12 regular payments (or over a number of complete years unless you are within 1 year of your Normal Pension Age) or by making a one-off lump sum payment.

3.14 Volunteer Police Cadets (VPC) Leader

3.14.1 Police officers and police staff who assist with public facing duties, as a Volunteer Leader with the VPC, may be granted a maximum of 12 days TOIL (96 hours at flat rate x 1) per year to assist them in carrying out their duties. The time spent on these duties will be recorded on the CARM system using the specific activity of VPC duties.

3.14.2 Police officers performing this duty on a rest day will, when

making their election, use the CARM drop down option of VOLUNTARY REST DAY and only claim the time for TOIL. Police officers assisting on a duty day, outside of normal tour of duty hours, will record the time as planned overtime and are required to only claim for the time for TOIL after altering the rate to flat rate x 1.

3.14.3 Police staff performing this duty on a rest day will, when

making their election, use the CARM drop down option of EMPLOYEES REQUEST and only claim the time for TOIL.

Rostered police staff assisting on a duty day, outside of normal hours, will record the time as overtime and claim for TOIL only which will default to flat rate x 1, when authorised.

Police staff using the Flexitime system, assisting on a duty day, will record the time as return to duty and claim for TOIL only which will default to flat rate x 1, when authorised.


3.14.4 Time spent on duties with the VPC is classed as working time for the purposes of Working Time Regulations. This applies to TOIL / Flexi claims only.

3.14.5 Part time and job sharing officers and staff are entitled to this

leave on a pro rata basis.

3.15 Volunteer Reserve Forces - Appendix E

3.15.1 The constabulary recognises the developmental opportunities and commitment for police officers and police staff who belong to the Volunteer Reserve Forces (VRF). The VRF include:

a. Royal Naval Reserve

b. Royal Marines Reserve

c. Army Reserve

d. Royal Air Force Reserve

e. Adult Instructors of Cadet Forces

3.15.2 The constabulary applies a quota limit of 0.5% of police officer and 0.5% of police staff who are permitted to become members of the VRF. Individuals who wish to become a member of the VRF must submit an AD190 Business Interest form.

3.15.3 Officers, who are members of the VRF and in their two-year

probationary period, must commit to the timetable for training in the constabulary and arrange VRF commitments outside of this timetable.

3.15.4 VRF leave of 15 days may be granted to be used for VRF

commitments within the annual leave year. Adult Instructors of Cadet Forces are entitled to 10 days leave for such reasons. Part time and job sharing officers and staff are entitled to this leave on a pro-rata basis.

3.15.5 The individual must obtain approval for the leave via their line

manager and then email RMT the leave details for RMT to apply the leave in CARM.

3.15.6 VRF leave with pay will only be granted to cover the actual

days spent on the VRF commitment. Therefore, if the VRF commitment lasts for 2 days, only 2 days VRF leave will be granted.

3.15.7 Due to the nature of VRF commitments, VRF leave sits outside of the 20% abstraction rule.


3.15.8 When a member of constabulary staff is called up for service in the Armed Forces, their manager must ensure the police officer or member of police staff reads the guidance notes at Appendix E, and completes the Form of Undertaking (Standard Form AD197). If the District Commander/ Head of Department considers there may be grounds for exemption these should be discussed with the Head of HR and Workforce Development, who may decide to appeal the callup. The window for appeal is 7 days. Exemption details are at Appendix E.

3.16 Volunteering – Charity Work

3.16.1 Individuals who wish to take time off to volunteer to support a charity will be expected to use their own time for this purpose, which could include using annual leave, unpaid leave or TOIL.

3.17 Protected Learning Time

3.17.1 Please refer to procedure 32701 Application for Assisted Academic Studies Funding procedure for information on Protected Learning Time.

4 Roles and Responsibilities

4.1 As described in this procedure.

5 Administration

5.1 As described in this procedure.

6 Monitoring and Evaluation

6.1 HR Operations is responsible for ensuring that this procedure, and its

effectiveness, is monitored.

7 Review

7.1 This procedure will be reviewed on an annual basis.

8 Other Related Procedures, Policies and Information Source


8.1 Related Procedures

8.1.1 23901 Procedure – Religion and Belief in Employment

8.1.2 31601 Procedure - Reasonable Adjustments

8.1.3 33014 Procedure – Regulation 35 Relocation Assistance for Police Officers.

8.1.4 32701 Procedure – Application for Assisted Academic Studies Funding

8.1.5 Career break policy and how to guide

8.2 Information Sources

8.2.1 Miscellaneous leave intranet page

8.2.2 AD203 – Equality Impact Assessment.

8.3 Governance

Sharepoint ID HRDOCID-561776108-87706

Date of publication 04 October 2021

Version Version 1.19.1

Owner HR Operations


Appendix A – Parental Bereavement Leave

1. Eligibility criteria

The following criteria must be met in order to eligible for parental leave;

• ) a parent. This does not just include natural parents but also others treated as parents by law, including adoptive parents or persons who have become parents under provisions relating to surrogacy or fertility treatment.

• b) a natural parent of a child who has been adopted, but there is a court order providing for contact with the child

• c) a person with whom a child has been placed for adoption, for so long as that placement has not been disrupted. A placement has been disrupted if the child has been returned under adoption legislation, or the child’s placement with a prospective adopter, or foster parent who is also a prospective adopter, has been terminated.

• d) a prospective adopter who is living with the child following the child’s entry into Great Britain from overseas for adoption purposes, and has received official notification of their eligibility to adopt

• e) an intended parent under a surrogacy arrangement

• f) a parent in fact. This applies if the person has, for a continuous period of at least four weeks ending with the date of death, lived with the child in their own home and had day to day responsibility for their care. No account is to be taken of absences of a temporary or intermittent nature. So for example this could include foster carers, guardians, or others who are not parents of the child but are their main carer. However this does not apply if the child is in the care of a person in premises in which any parent or other person with parental responsibility for the child is living, or if the person was or is entitled to receive wages or other remuneration in respect of the child’s care

• g) the partner of any of the above. This means a person who lives with the child and the parent in an enduring family relationship, but is not a relative (parent, grandparent, sibling, aunt or uncle, including half-blood relatives such as half-siblings/aunts/uncles, or adoptive parents) of the parent


Appendix B – Disability Related Leave

1. Disability Related Leave will be reasonable, predictable, planned and of a

determined duration. Examples may include (but are not limited to);

1.1. An individual requires four day’s leave per year to attend quarterly appointments with their oncology consultant in London.

1.2. An individual attends a four week residential course to be trained to

use their guide dog.

1.3. An individual requires three hours of disability related physiotherapy every fortnight for a fixed and agreed length of time.

1.4. An individual requires four separate planned day’s leave the next year

to drive their disabled parent, for whom they are the primary carer to visit their consultant.

2. To help clarify the following examples are not regarded as Disability Related

Leave (this list is not exhaustive);

2.1. An individual has a reaction to a change in medication that prevents them from attending work.

2.2. An individual requires time off work to attend hospital for an operation

related to their disability.


Appendix C – Jury Service

1. General Principles

1.1. As a result of a change to the Criminal Justice Act 2003, which

amended Schedule 1 (Part 1) of the Juries Act 1974, from 5 April 2004 police officers and police staff are no longer exempt from Jury Service. Therefore, if the individual receives a summons for jury service after this date they will be required to attend.

1.2. It is an offence not to attend unless ineligible, deferred or excused.

There is no comprehensive list of what may constitute a valid reason for not attending. The Court Service will make a decision in each case. The potential juror must contact the Court Service to explain their individual circumstances.

1.3. Hampshire Constabulary cannot require an officer or member of police

staff to attempt to be excused.

2. Attendance

2.1 Jury service normally lasts for 10 working days. If a trial is likely to last longer, the court will instruct the individual accordingly.

2.2 During a 10-day period of jury service staff are not required to attend

work until formally released from jury service by the court. If, however, the attendance as a juror goes beyond the usual 10 days and staff are instructed by the judge not to attend court for a period, staff should return to duty for that period until jury service recommences. Police officers and police staff must inform their line manager if the jury service is extended beyond the usual 10 days.

2.3 If an individual subsequently becomes ineligible, are deferred or

excused from jury service by the Court Service, the leave is cancelled and they must attend work on the next working day. They must notify their line manager of their return. This also applies where jury service is concluded before the usual 10 working days.

2.4 If a police officer or member of police staff is rostered to work a night

duty on the night before starting jury service this shift must be changed in order to have the appropriate period of rest in line with the Working Time Regulations. The same principle should be applied on returning to duty from jury service.


2.5 If possible, police officers should not attend a court within their own Force area. If summonsed to do so, the officer should contact the Jury Central Summonsing Bureau (JCSB) direct and they may make alternative arrangements.

2.6 If an individual is in any doubt about attendance at a specific court, or

about performing jury service itself, they should contact the Jury Central Summonsing Bureau direct.

3. Pay And Allowances

3.1 Jurors are entitled to jury leave on full pay whilst on jury service. Full details are given below.

3.2 Police officers will receive full basic pay and any permanent allowances

to which they are entitled during the period of jury service. Rent or housing allowance and dog handler's allowance are permanent allowances. Full pay does not include overtime or temporary salary (acting up) but if the jury service occurs during a period of temporary promotion pay would be at the temporary higher rate. Rest days (all officers) and free days (part time officers) during the period of jury service do not attract enhanced compensation.

3.3 Police staff will receive full basic pay and any permanent allowances

including shift allowance, weekend enhancement and contractual overtime to which they are entitled, including the higher rate of pay for those who have been temporarily promoted. Full pay does not include non-contractual overtime or acting up allowance.

3.4 Police officers and Police staff cannot claim any Hampshire

Constabulary allowances other than those identified above whilst on jury service.

3.5 Whilst on a jury no individual can receive more pay than they would

have received had they been at work, therefore, loss of earnings can not be claimed from the Court Service. However, claims can be made for:

a excess travel costs b excess childcare expenses c a meal allowance.

3.6 These are claimed from the Court Service, NOT from Hampshire

Constabulary. Compensation levels are set by the Court Service and cannot be negotiated. Information about the maximum amounts can be obtained from the Court Service when a summons is received.

3.7 The Court Service will not compensate individuals who work part-time

for the additional hours spent at the court. Enquiries about additional


expenses incurred as a result of attending jury service should be addressed to the Court Service upon receipt of a summons.


Appendix D – Police Sport

1. National Competitions

1.1. Some national competitions are split into zones rather than regions and

time off may be granted for these zone events, as they are actually part of the national competition. Examples of this are rugby, association football and both men’s and ladies’ hockey competitions.

2. Police Sport UK Regional Competitions

2.1. Hampshire Constabulary is part of PSUK South East Region. As no

competition lasts longer than one day, time off is not normally granted for regional competitions. A District Commander or Head of Department may, however, allow time off at their discretion.

3. British Police Representative Matches

3.1. Invitations to represent the service in events organised by Police Sport

UK under the auspices of British Police fixtures will normally be sent to the Chief Constable.

3.2. These invitations will be forwarded to District Commanders or Heads of

Department and, as they have the same status as national competitions, may qualify for time off.

4. Union Sportive Police Europe (USPE) Championships

4.1. Staff may be selected to represent Police Sport UK in the European

Police Championships. These competitions have the same status as national competitions and may qualify for time off.

5. World Police & Fire Games

5.1. Participation in these events is entirely in the individual's own time.

They do not qualify for time off under any circumstances.

6. Sporting Tours

6.1. Some national PSUK sporting sections organise tours either within the

UK or to foreign countries. Although these tours go under the banner of


PSUK and will have been approved by the PSUK Council they do not qualify for time off under any circumstances. Examples of these are Rugby, Cricket and Judo sections that regularly tour abroad.

7. Friendly Matches

7.1. Matches, fixtures or training sessions that do not fall within any of the

above categories or have been organised against other organisations will not qualify for any time off under any circumstances.


Appendix E - Volunteer Reserve Forces (VRF)

1. Mobilisation

1.1 Upon receipt of call up papers reservists must inform their

District Commander / Department Head by G31 immediately The District Commander/ Head of Department must acknowledge the G31 within 7 days of receipt.

1.2 The line manager must confirm the mobilization to HR Workforce

Planning and RMT to update Carm. HR Workforce Planning will liaise with the IBC, Corporate Finance and the Strategic Resource Management Board as required.

1.3 The individual must provide a point of contact for the mobilisation in order

for Workforce Planning to obtain the relevant agreements for completion, signature and return to the relevant military HR department.

1.4 The individual will continue to be paid by Hampshire Constabulary for the

duration of their mobilisation.

2. Exemption

2.1. The constabulary can apply for reservists to be exempted from service, provided it does so within 7 days of the individual receiving their call up papers. The constabulary will only apply for exemption if it can be clearly shown that the absence will cause particular, unacceptable difficulties e.g. replacing specialist skills.

2.2. If the District Commander/ Head of Department believes there are

grounds for applying for an exemption then contact should be made with the Lead HR Business Partner for the Constabulary.

3. Employment Status And Job Security

3.1. In line with the spirit of the Reserve Forces (Safeguard of Employment) Act 1985 reservists called up will be guaranteed a job with the constabulary on return. Every effort will be made to ensure that the reservist is returned to the posting in the District/ Department that they left, but this cannot be guaranteed. In such circumstances the provisions at A13.5 applies.

3.2. The constabulary will not treat any period of service with the Armed Service as a break in service with the constabulary. Call up to the military reserve by the Ministry of Defence actually means in employment terms that from the first day of call up reservists are employed and under the control and direction of the MOD.


3.3. The key effect of this is that:

3.3.1. service in the reserve will not count for the purposes of incremental advance

3.3.2. service in the reserve will not count for annual leave 3.3.3. service in the reserve will still qualify for pension purposes

providing contributions are made during or at the conclusion of the period of call up.

4. Pay

4.1. Reservists are paid directly by the Ministry of Defence (MOD) for the period of the call up. Pay will be based on service and rank plus appropriate allowances and some additional awards may be paid by the MOD.

4.2. The Constabulary will ensure that a reservist is not financially

disadvantaged as a result of serving in the reserve forces. If the MOD pay (including certain allowances) is less than the pay from Hampshire Constabulary - basic salary and housing allowances (if applicable) – the constabulary will pay the difference through payroll. If their MOD pay is greater, then the reservist will receive no Hampshire Constabulary pay during call up.

5. Transitional Pay Arrangements

5.1. It is acknowledged that reservists often receive notice of call up that does not allow sufficient time to make alternative arrangements about deductions from salary and mortgage payments etc. In addition the MOD does not provide confirmation of earnings to the constabulary and therefore reservists must contact the IBC to ascertain what proof of earnings is required to be submitted as soon as they receive this.

5.2. To allow for this, reservists will be paid their full constabulary salary in

the month in which they are called up and half their normal salary the following month. They will be required to sign an undertaking to repay to the constabulary any element of this pay which, when added to their MOD pay, is over and above their normal constabulary salary. This will be deducted on return to Force either in the initial full month’s salary or in instalments depending on the amount. Reservists should therefore set this aside.


5.3. Example:

5.3.1. A member of staff required to report for reservist duty on 20 January would be paid their full constabulary salary for January and half their normal salary for February. They should make alternative arrangements for any deductions made from their salary at source (e.g. Federation/ Unison subscriptions, PMAS) if they wish to maintain constabulary salary from 20 Jan to 28 February which when added to their MOD pay is over and above their normal constabulary salary would be deducted from salary.

5.3.2. If the officer’s MOD salary was less than that with the

constabulary the difference would be paid from 1 March for the duration of the reservist duty.

6. Voluntary Deductions

6.1. For police officers deductions for Federation subscription, Group Life, Personal Accident/ Sickness and Welfare are all administered through the Federation and officers will need to contact the Federation office at Police HQ to make alternative arrangements for paying these subscriptions if they wish to continue them when the period of half pay has ceased.

6.2. For PMAS deductions contact PMAS direct on 0845 8822999 to make

alternative arrangements when half pay has ceased.

6.3. For police staff, deductions for UNISON contributions will need to be arranged direct with the UNISON branch office via email to Unison Mailbox. All other deductions will cease until they return to Force.

6.4. Officers and staff must make their own arrangements in relation to

other voluntary deductions such as Force Lottery, Force Welfare Fund, Sports and Social Clubs etc.

7. Pensions

7.1. Police Officers

7.1.1. Police officers will have their period spent abroad reckonable as pensionable service provided they make the equivalent level of pension contribution for the period. At the conclusion of their call up Payroll will write to the officer and inform them of the contribution they need to make to buy back that period of service. It is then up to the officer concerned whether they wish to do so or not.


7.1.2. If permanent disablement occurs during a period of service, officers will receive the same ill-health award they would have received if the disablement had occurred during constabulary service, under the "Servicemen" provisions of the Police Pension Scheme.

7.2. Police Staff

Police staff who are members of the Local Government Pension Scheme (LGPS) may elect to preserve their membership. If their Reserve Forces pay equals or exceeds the pay they would normally have received from the constabulary they will need to make contributions on the pensionable pay they receive from the MOD, and the service will count in full for pension purposes. The member of staff will also continue to pay Additional Voluntary Contributions or Shared Cost Additional Voluntary Contributions unless they opt to stop paying them.

7.2.1. If, however, police staff Reserve Forces pay does not exceed

the pay they would normally receive, the pension contributions (and any additional contributions to purchase added years) are simply deemed to have been paid and they will not have to make any contributions. Payroll will write to the member of staff on return to inform them of their position.

7.2.2. Employer’s contributions will continue to be made by the

constabulary during this period.

7.2.3. If the member of police staff dies, reaches retirement age or becomes incapable of working in local government because of ill health whilst on reserve forces leave, the LGPS benefits will come into payment as if that member of staff had remained in employment with Hampshire Constabulary.

8. Retirement

8.1. If, during the period of VRF leave, the police officer or member of staff attains normal retirement age or becomes incapable for health reasons of working efficiently for Hampshire Constabulary, or dies; they will be treated as if they were in the constabulary’s employment at that time.


9. Financial Support for Hampshire Constabulary

9.1. The MOD will pay the employer’s pension contribution for the period of service.

9.2. Hampshire Constabulary can apply to the MOD for financial assistance for advertising and for back filling posts vacated by mobilised reservists.

10. Further Information

10.1. Pension Services, The Castle, Winchester.

10.2. HR queries, ESS Portal.

10.3. SaBRE - (individuals) - www.sabre.mod.uk/Reservists/Mobilisation- and-Demobilisation/Financial-support

10.4. SaBRE – (employer) - www.sabre.mod.uk/Employers/How-SaBRE- can-support-you

http://www.sabre.mod.uk/Reservists/Mobilisation-

http://www.sabre.mod.uk/Employers/How-SaBRE-

1 about this procedure - hants

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