Career Break - Policy.pdf - POLICY DOCUMENT 79 CAREER BREAK

							                                          POLICY DOCUMENT 79

                                              CAREER BREAK




                                    SUMMARY

The general aim of good employment relations is to harmonise conditions of service
wherever possible for all staff and this policy aims to extend provision for career
breaks to both police officers and support staff.

This policy document applies to all employees both Police Officers and Support
Staff. Career break provisions are linked to length of service and are in accordance
with employee’s Terms and Conditions of Employment and therefore entitlements
may vary. The provisions are applicable to part time as well as full time employees.




This Policy was written in December 2002 and was found to be compliant with
                          the Human Rights Act 1998.



                                  (office use only)

Reference No.                          PD 79

Policy Manager: (designation not       Director of Personnel
name)

Date approved by Force Policy          January 2003
Group

Replaces Policy Document(s)            N/A

Last review completed on: (date)       N/A

Next policy review due: (date)         January 2005
     CAREER BREAK PROVISION FOR POLICE OFFICERS AND
                    SUPPORT STAFF


1.     STATEMENT OF PURPOSE


1.1.   Lincolnshire Police is committed to fair treatment and providing equality
       of opportunity in the employment of staff and aims to retain valuable
       skills and experience.



2.     SCOPE


2.1.   This policy document applies to all employees both Police Officers and
       Support Staff. Career Break provisions are linked to length of service
       and are in accordance with the employee’s Terms and Conditions of
       Employment and therefore entitlements may vary. The provisions are
       applicable to part time as well as full time employees.



3.     QUALIFICATION


3.1.   Any police officer is eligible to apply for a career break provided they
       have successfully completed their probationary period.



3.2.   Support staff may also apply for a career break following one year’s
       service.



3.3.   Applications should be submitted in writing at least three months before
       the proposed date of commencement of the career break.



3.4.   There is no automatic entitlement to a career break for either Police
       Officers or Support Staff and applications will be determined according
       to the staffing levels in the Force, the purpose of the career break and
       the views of the Divisional Commander/Head of Department.



3.5.   Any decision to reject the application will be notified within 28 days of
       the application with written reasons for the rejection.
3.6.   Any appeal against the rejection of the career break application must
       be submitted to the Chief Constable within 28 days of receipt of the
       notice of rejection. The Chief Constable’s decision will be notified to
       the individual in writing within 28 days of receipt of the appeal.


4.     DURATION

4.1.   The duration of the career break will be agreed between the employee and
       the Chief Constable, up to a maximum of five years. The commencement
       and return dates, and the objectives of the career break will be agreed before
       it commences.

4.2.   The career break should not extend beyond compulsory retirement age.
5.      STATUS DURING CAREER BREAKS

5.1.    Police Officers

5.1.1   Police Officers on a career break are not required to resign and will retain
        their warrant card.

5.1.2   Police Officers who take career breaks remain subject to Police Regulations
        for the duration of the career break.

5.1.3   If the application is approved, written confirmation will be given subject to the
        Officer accepting the terms of the career break by signing the Career Break
        Agreement

5.1.4   Police Officers will remain subject to the Code of Conduct and misconduct
        procedures.

5.1.5   Restrictions under regulation 9 on private life and regulation 10 on business
        interests will continue to apply. In particular officers must not undertake full-
        time education or activities for which they are paid, reimbursed expenses or
        which involve them in the sale of goods or services without the prior
        agreement of the Chief Constable.

5.1.6   Officers will be required to keep HQ Personnel Department informed of their
        address and contact details during their career break. If officers are
        undertaking full time education or other paid employment, subject to the
        above conditions, they will also be required to provide details of the name and
        location of the organisation

5.1.7   In exceptional circumstances Officers may be recalled to duty. Officers
        should therefore, be able to return to the force within 7 days of recall.

5.1.8   It may be necessary to return to the force for a short period of time to satisfy
        any need to keep up to date with new legislative requirements. This would be
        arranged by mutual agreement and due consideration will be given to the
        officer’s circumstances at that time.

5.2.    Support Staff

5.2.1   Current UK and European employment law gives employment protection
        rights to persons who may be employed to cover absentee staff eg on a
        career break.

5.2.2   Support staff may, therefore, be required to resign from their post on
        commencement of a career break. This will depend upon the length of the
        career break, the requirement to fill the post in their absence, the nature of
        the post and the degree of training required for the replacement member of
        staff.
5.2.3   In the event of being required to resign support staff will be favourably
        considered for any suitable current vacancy at the expiry of the career break,
        and will not be required to go through the full recruitment and selection
        process. They will be considered for an interview with the relevant head of
        department prior to any external candidates being invited for the post.


6.      CONDITIONS OF SERVICE

6.1.    Police Officers

6.1.1   Officers will not be paid during career breaks

6.1.2   Service will not count for the purposes of reckoning entitlements to
        contractual benefits during a career break. Entitlement on return will be
        identical to that prior to the commencement of the career break, subject to
        relevant changes in Regulations, PNB agreements or Home Office Circulars.

6.2.    Support Staff

6.2.1   Support Staff will not be paid during the career break

6.2.2   Time spent on a career break will not count towards any contractual benefits
        during a career break.

6.2.3   On return/re-engagement from a career break staff will be able to count their
        previous service towards annual leave and sick pay entitlements.


7.      ANNUAL LEAVE

7.1.    Provision should be made for granting any remaining annual leave
        entitlement due before the commencement of the career break.


8.      HOUSING

8.1.    Housing/Rent allowance will not be paid during absence on a career break
        but entitlement on return will be identical to that on commencement of the
        career break, subject to relevant changes in Regulations.

8.2.    An officer living in accommodation provided by the force should discuss with
        the Chief Constable, before applying for a career break, their future in the
        property. The police authority may charge officers who are allowed to remain
        in police force accommodation for the entirety of the career break. In
        circumstances where an officer is living/married to a police officer, this would
        be subject to the spouse/partner’s eligibility for provided accommodation.
9.      UNFORM AND EQUIPMENT

9.1.    All uniform and equipment must be returned to your division or department
        prior to the commencement of the career break. Your equipment and
        uniform, with the exception of radios and CS Spray, which will be re-allocated
        or withdrawn as appropriate, must be stored securely pending the Officer’s
        return to duty.


10.     PENSIONS

10.1.   Police Officers

10.1.1 Service during career breaks is not pensionable but on return from the career
       break an officer may be able to buy back service at the normal officer
       contribution rate. Further information is awaited from the Home Office

10.1.2 Officers on a career break will have protected entitlement to all pension
       benefits at the point of commencement of the career break, including death
       benefits, enhanced ill-health pensions and injury benefits

10.2.   Support Staff

10.2.1 If an employee is a member of the Local Government Pension Scheme an
       employee may be able to repay pension contributions for the period of the
       career break, if they subsequently re-join Lincolnshire Police at the end of the
       career break.


11.     MATERNITY PROVISIONS

11.1.   Police officers and support staff who become pregnant while on a career
        break are entitled to the same maternity benefits as officers/employees not
        taking a career break.

11.2.   A member of staff on a career break who becomes pregnant should give
        notice as soon as reasonably practicable after she becomes pregnant of the
        probable date of birth of her child. The provisions of the appropriate maternity
        scheme will then take effect and the career break suspended unless the she
        expressly states in writing that she does not wish them to apply.

11.3.   Resumption of the career break in due course should be subject to further
        agreement between the Chief Constable and the member of staff.


12.     CONTACT

12.1.   The HQ Personal Development Officer will be designated as the contact
        officer for all staff on a career break and keep them informed of issues arising
        during their break.
13.     REVIEWS

13.1.   Police Officers

13.1.1 Police officers should establish the career break objectives and timescales
       with the Chief Constable. These may be reviewed at any time during the
       career break by agreement between the Chief Constable and the Officer.

13.1.2 Officers will be under a general duty to inform Lincolnshire Police of any
       circumstances, which may affect the agreed objective, or timescales of a
       career break. The Chief Constable’s need to know should be balanced with
       protection of the officer’s right to privacy.

13.1.3 Where a Chief Constable has reasonable grounds for believing that the
       agreed objectives and timescales of a career break may not be achievable
       they may require that the officer attend a review. As a result of such a review,
       the Chief Constable may require that an officer return to duty after a minimum
       notice period of 28 days.

13.2.   Support Staff

13.2.1 Support staff should establish the career break objectives and timescales
       initially with their Manager. These may be reviewed at any time during the
       career break by agreement between the employee and HQ Personal
       Development Officer.

13.2.2 An employee will only be permitted to return to work earlier than the
       previously agreed end of the career break to the same post where it has been
       held vacant during the period. Where a replacement member of staff has
       been recruited under a fixed term contract the employee on the career break
       will be required to wait until the expiry of that fixed term contract.


14.     RETURN TO DUTY

14.1.   Police Officers

14.1.1 The officer will return to duty on the return date agreed between the officer
       and the Chief Constable

14.1.2 If an officer decides to return to duty from a career break before the end of the
       agreed period of leave they shall be permitted, subject to there being a
       suitable vacancy, within 28 days of giving notice of the wish to return. In any
       event the officer should return within three months of having given notice.

14.1.3 An officer should not be required to return to duty from a career break before
       the agreed date without her/his consent (but see 11.1.3 above).

14.1.4 Officers returning to duty after their career break will return to service with
       Lincolnshire Police with the same determined hours and work pattern.
       However this may not be at the same station/post that they leave.
14.1.5 Prior to the actual return to duty, the officer will attend a meeting with the HQ
       Personal Development to discuss a posting, determine any development
       needs and arrange appropriate refresher training.

14.1.6 Officers should ensure that they maintain their standard of fitness throughout
       the period of their career break. An officer may be required to attend an
       appointment with Occupational Health Service to ascertain fitness to resume
       duties.

14.1.7 If an Officer decides that they does not wish to return at the end of the career
       break they should submit a letter of resignation in accordance with Police
       Regulations giving at least 28 days’ notice.

14.2.   Support staff

14.2.1 The member of support staff should inform HQ Personnel Department in
       writing at least 3 months in advance of their intended return date.

14.2.2 The member of support staff will attend a meeting with the HQ Personal
       Development to discuss their return to work, subject to there being a suitable
       vacancy available

14.2.3 Where their previous post was held as a vacancy or covered by a Fixed Term
       Contract every effort will be made to allow the employee to return to the same
       post and grade.

14.2.4 Where the employee was required to resign every effort will be made to
       identify a suitable alternative role. This may however not be at the same
       station or grade.

14.2.5 Any training and development needs will also be discussed prior to the
       employee’s return to work.