Payroll insight
You may be familiar with leave such as annual and maternity but what about the less common types? Jill Smith MCIPPdip, CIPP policy manager, discusses those that employers may not often encounter Differing types of leave
Qualifying employees Qualifying employees are allowed reasonable time off to go to meetings or carry out duties. The amount of time off must first be agreed with employers; however, the law does not specify a set amount of time and employers will be allowed to refuse time off if deemed unreasonable. What may be classed as reasonable will depend on: ● what duties are carried out ● the time needed to carry out the duties ● the impact on the business ● how much time the employee has already taken for public duties. The following do not qualify for paid time off: ● agency workers ● members of the police service or armed forces ● merchant seaman ● civil servants, if their public duties are connected to political activities (restricted under their terms of employment) ● those employed on a fishing vessel, gas or oil rig at sea. Jury service All jurors are selected at random by computer from the electoral register with anyone between age 18 and 70 included even if not eligible to serve. Jury service is a public duty so unless someone is disqualified, has the right to be excused or has a valid reason for discretionary excusal.
Employees should tell their employer as soon as possible that they have been summoned, when they will need time off and, if possible how much. If they are not needed at court they should return to work unless something different has been agreed with their employer. ...may pay employees for this time off but are under no statutory duty to do so There is no statutory obligation on the employer to pay for any period of jury service. Most employers will simply complete a loss of earnings certificate which is used by the court to calculate the daily financial loss allowance to pay the employee. In some workplaces it is in the contract of employment that the employer will provide payment for the difference between the daily financial loss allowance and the pay which they would have received from the employment had they not been absent from work. Though legislation does not give employees an absolute right to time off from work to undertake jury duties, it does give them protection from the right not to be dismissed or treated detrimentally
because they serve on a jury. The employees also have the right not to be selected for redundancy, where the reason is connected to their jury service. Reservists Reservists can be called up to supplement the regular armed forces when required and are attached to any of the services within the Volunteer Reserve Forces – namely, the Royal Naval Reserve, Territorial Army, Royal Marines Reserve and Reserve Air Forces. Reservists have a duty to undertake training and to report for active service if they are called up and their tour of duty may last up to twelve months. However, on average, the time commitment of a reservist is between twenty and fifty days. If the employee is obliged to report for duty, the employer can apply for a deferral or an exemption where the employee’s absence would cause serious harm to the business or undertaking. Employees do not have any entitlement to take time off work to fulfil their training commitment as a reservist, except where their employer has entered into an agreement with either the secretary of state for defence or the employee, for example in agreed contractual terms and conditions permitting time off. The reservist is afforded certain employment protection rights from the point of receipt of call up papers to the
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| Professional in Payroll, Pensions and Reward |
Issue 38 | March 2018
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