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Regulations

/Regulations
Regulations2018-04-12T15:05:22+01:00

We have organised this section to reflect the information structured in the way it is most requested.

Categories of Allowance

Information is available in each of the following categories:

  • Necessary
  • Reasonable
  • Additional to what the officer would otherwise have incurred
  • Backed by a receipt
Complaints and Misconduct

Information is available in each of the following categories:

Allegations against members do not always arise from complaints from the public. There are instances where members may be suspected of having committed a criminal or disciplinary offence either as a result of a complaint, an allegation from a fellow Officer or from some other source that may result in a formal investigation.

In any such case, members may be subject to both a criminal investigation and an internal disciplinary investigation. Where there is a criminal investigation a member has the same rights as any individual who is investigated for an alleged criminal offence under the provisions of the Police and Criminal Evidence Act 1984.

If you are the subject of a complaint and want the services of a ” discipline friend”, contact your JBB office and one will be supplied. A member has the right to consult with this “friend” at all stages of the investigation. It is important to seek advice at the earliest possible stage and certainly prior to making any formal statement.

The full extent of the allegation may not be known until the service of a notice in writing is made. This notice should be made under what is currently Regulation 9 of the Police Conduct Regulations 1999. It is accepted that other than in exceptional circumstances this notice should be served very shortly after receipt of the allegation.

Duty Statements

Where a member is the subject of a criminal investigation (i.e. where an allegation of criminal misconduct has been made against him/her) no request to provide a duty statement should be made, or if such a request is made this may be refused.

Where an allegation of the commission of a misconduct offence has been made, then, whether or not a Regulation 9 Notice has been served, a duty statement may be properly refused, it being a statement “concerning the matter”.

An express assurance that a duty statement will not be used in any subsequent criminal or misconduct proceedings arguably provides the member with the necessary protection to enable a statement to be made. The circumstances in which this may arise are, for example, where a civil action has been commenced against the Chief Officer and a statement is necessary to help the Chief Officer oppose or defend the action. In these circumstances preface the duty statement with:

“I have been informed that I am not the subject of a criminal or misconduct allegation. I make this statement solely for the purposes of defending the civil action. I do not consent to it being used for any other purpose.”

Defamation Fact Sheet

What is defamation?

a) An allegation is defamatory if it lowers you in the estimation of right thinking members of society generally

b) A libel is a written or permanent allegation, e.g. newspaper article, TV or radio broadcast.

c) A slander is a spoken allegation

What do you need to prove to bring a claim?

a) That the words complained of are defamatory to you and

b) That they have been published to third parties, i.e. someone other than you and

c) That you are either named or otherwise identifiable from the words complained of

Burden of proof

You are presumed to be of good character; it is for the person who made the allegations to prove they are true or that they satisfy one of the other defences.

What defences are available to a claim in defamation?

The words complained of are incapable of bearing a defamatory meaning

You cannot be identified from the words complained of

The words complained of are true

The words complained of are fair comment, i.e. they are clearly expressions of opinion on matters of public interest based on a true factual background. The test is: could a fair-minded person honestly express that opinion on the proved facts?

The words complained of are absolutely privileged. Public policy protects defamatory allegations made in certain situations, e.g. statements made in judicial or quasi-judicial proceedings; fair and accurate reports of such proceedings; statements made and documents created in the course of a police criminal investigation

The words complained of attract qualified privilege. If a statement is made pursuant to a legal, social or moral duty to a person who has a corresponding interest or duty to receive it than it is protected by this defence, e.g. a complaint about a police officer made to his or her senior officer; a reference provided about a former employee for a new employer; a media report on a matter of public interest provided the journalist can prove he acted responsibly.

There are constantly developing legal criteria about what constitutes responsible journalism in such cases, but perhaps the most important is did the journalist put the allegations to the person accused and then did he record and publish his responses?

Innocent dissemination  in other words, the person was not the author, editor or publisher of the statement complained of, he took reasonable care in relation to its publication and he did not know, and had no reason to believe, that what he did caused or contributed to the publication of a defamatory statement. This defence is particularly relevant for Internet Service Providers (ISPs).

Can these defences be defeated?

You can defeat the defences of fair comment or qualified privilege if you can demonstrate the maker of the words complained of was actuated by malice. In relation to qualified privilege, this means the defendant did not believe the words complained of were true or he published the words recklessly, without considering whether they were true of not, or he had some other dominant improper motive for publishing them. In relation to fair comment, you will have to show the defendant did not genuinely hold the view he expressed, in other words, in making the defamatory comments, he acted dishonestly.

What remedies can you recover by taking a defamation action?

a) Damages principally intended to compensate the claimant for the harm done to his reputation by the defamation publication

b) Injunction to restrain the defendant from further publishing the allegations complained of in future NB Obtaining an injunction in defamation is difficult  the Court is very reluctant to interfere in a matter which should be left to the jury, and is most unlikely to grant an injunction if it appears one of the defences outlined above will be advanced.

c) Legal costs the successful party usually gets an order that his costs be paid by the unsuccessful party.

It is important to be aware that one cannot include a claim for an apology in defamation proceedings. An apology has to be a negotiated as part of a settlement. One way in which a public apology can be made is by means of a statement read in open Court (which can then be reported with absolute privilege). Alternatively, depending on where the libel appeared, one can try and negotiate the publication of an apology in a newspaper, or a letter of apology, or an apology posted on an Internet web site. In rare cases, one might be able to secure an apology broadcast on TV or radio.

Organisation of Duty Time

Information is available in each of the following categories:

Normal Period of Duty Time

Different provisions apply depending on whether or not you are a full time or part time officer or are working a variable shift arrangement.  The following information applies to members working full time only.

Normal Daily Period of Duty (Reg 24)

The normal daily period of duty (including refreshments) is 8 hours.

As far as the exigencies of duty permit the normal daily period of duty shall be performed in one tour, with an interval of 45 minutes for refreshments.

Where a normal duty period is performed in more than one hour and you do not travel to and from home between tours, an interval for refreshment and rest should normally be included at the beginning or end of one of those tours.

A day means a period of 24 hours starting at such time as the chief officer may determine.

Travel Time

Travel time between home and your usual place of duty is generally not duty time.

Such travel time shall only be treated as a period of duty when you are:

  • Required to perform your normal daily period of duty in more than our tour

or

  • Recalled to work between two tours of duty and you travel to and from your home between tours.

In calculating any period of overtime, the time occupied by a member in relevant travelling shall be treated as a period of duty.

If you are designated either a casual or essential user, use of a motor vehicle for this purpose attracts mileage allowance.

Overtime

Overtime is potentially payable when:

  • You remain on duty after your tour of duty ends
  • You are recalled between two tours of duty          or
  • You are required to begin earlier than the rostered time without due notice and on a day when you have already completed your normal daily period of duty.

Planned Overtime

When you are informed at or before the commencement of your tour that you will be required to remain on duty after the tour ends, no account will be taken of any period of less than 30 minutes of overtime worked.

Casual Overtime

When you are not informed at the commencement of your tour of duty that you will be required to remain on duty after your tour ends then, on the first four occasions, in any week, the first 30 minutes of any overtime worked is to be disregarded in calculating your overtime payment.

Recall to Duty

When you are recalled to duty between two rostered tours of duty, appropriate travelling time shall be counted as duty.  The time incurred on the recall, if less than 4 hours, will be counted as 4 hours payable at the appropriate overtime rate.

Compensation for duty on a rostered rest day

When you are required to do duty on a rostered rest day, you are entitled to:

With less than 5 days notice

–  compensation at double time

With less than 15 days notice but more than eight days notice

–  compensation at the rate of time and one half

With 15 or more days notice

–  another rest day which should be notified to you within 4 days of the requirement.

When calculating the number of days notice given, disregard both the day on which the requirement was notified and the day on which you are required to work.

Compensation for duty on a public holiday

Where you are required to do duty on a public holiday, you are entitled to:

With less than 8 days notice

Double time payment and another day off in lieu

In any other case

An allowance at the appropriate rate i.e. double time

 

Officers will paid overtime for periods:

  • they remain on duty after their tour of duty ends
  • they are recalled between two tours of duty
  • they are required to begin earlier than the rostered time without due notice
  • they are required to remain on duty, having already completed their normal period of duty.

An officer can elect to take time off in lieu of the above

Public Holidays and Rest Days

Subject to the exigencies of duty, an officer will be granted two rest days each week and a day’s leave on each public holiday.

Rest Day working

If an officer is required to work on a rostered rest day, they will be granted:

  • (If less than 15 days’ notice) an allowance at the appropriate rest day rate. The appropriate rest day rate is a sixteenth of a day’s pay for each completed 15 minutes of duty.
  • (In any other case) another rest day, notified to the officer within 4 days of the request.

Where an officer received less than 8 days’ notice of the requirement to work, they are entitled to time off in lieu equivalent to double time.

Public Holiday working

If an officer is required to work on a Public Holiday, they will be granted:

  • (If less than 8 days’ notice) an allowance at the appropriate rate plus a day off in lieu, notified to the officer within 4 days of the request.
  • (In all other cases), an allowance at the appropriate rate

An officer who is required to work on a public holiday can, within 28 days of the day in question, elect to receive time off in lieu equivalent to double time.

Working Time Regulations

The Working Time Regulations 1998 implement the Working Time Directive, a European Health and Safety provision into domestic law. They came into force on 1 October 1998 and are expressly stated to apply to the Police Service.

For the purposes of the Working Time Regulations and the Federated Ranks Workforce Agreement, working time is defined as:

Periods when the officer is working at the Chief Officer�s disposal and carrying out their activities or duties (including training)

Travel outside of normal rostered duty hours to and from duty at a place other than the normal place of duty, e.g. travel to and from court.

Travel to and from training courses other than at the normal place of duty.

Periods when an officer is recalled to duty and required to attend work, including travelling time.

Interruptions at home for a work related matter, by telephone or otherwise.

Periods spent on call or standby are not classed as working time.

Night Working

An officer will be treated as a night worker if, as a normal course of rostered duties, they work at least three hours of their daily working time during night time (2300 � 0600).

This will include an officer who regularly works shifts which include nights, irrespective of the shift pattern actually worked.

The Workforce Agreement sets aside the maximum length of 8 hours in each 24 to allow for shift patterns which have been agreed between the Chief Constable and the Police Federation.

All nightworkers will be given the opportunity of a free health assessment before undertaking night work, with regular checks thereafter as determined by the officer.

Maximum Working Week

An officer will not work more than 48 hours per week (including overtime) over a 17 week rolling period

Records

Northumbria Police must record the working hours of all officers and will do so using the Force Duties System.

Daily Rest

Daily rest should be for a period of not less than 11 hours in each 24 hour period, and should beconsecutive unless the exigencies of duty prevent this.

Should a daily rest break (11 hours between shifts) be interrupted for any reason, the remainder of the rest break should be taken during that day, subject to the exigencies of duty.

Daily rest breaks will be as provided under Police Regulations.  An officer should be afforded at least a 20 minute break after 6 hours working.   Should a daily rest break be interrupted for any reason, the remainder of the time owed should be taken during that shift.

A day means a period of 24 hours beginning at 0600 or as specified in a variable shift agreement.

Weekly Rest

An officer is entitled to at least 2 interrupted rest periods of not less than 24 hours during each 14 day period.

For the purposes of the Working Time Regulations, a 7 hour period will commence on Monday of each week at the appropriate starting time as determined by the officers� shift agreement.

Annual Leave

The annual leave year as determined by the Police Authority is 1 January until 31 December.

Upon termination of service, an officer is entitled to receive a payment in lieu of any untaken leave to which they are entitled under Police Regulations.

Where the proportion of leave taken by the member exceeds the proportion of the leave year which has expired, the member will compensate the Force whether financial or otherwise.

Variable Shift Arrangements

The Police Regulations 1995 provide for and set out the regulations re Variable Shift Arrangements, and allow for agreements to be reached between the Joint Branch Board and the Chief Constable.  Any variable shift arrangements worked outside this agreement would be contrary to the Police Regulations 1995.

It is necessary to have an agreement between the JBB and the Chief Constable to cover:

The general variation within Police Regulations relating to all shift patterns
More specific items such as the actual shifts worked
Annual leave entitlement and compensation for duties on annual leave and rest days
Duration of any agreements
General Agreement

Should either the Chief Constable or the JBB wish to withdraw from the agreement, due notice, in writing, must be given.  (Due notice should be defined as one complete cycle of the shift pattern, or a minimum of 28 days notice).

The total hours worked after the complete shift cycle must not exceed 40 hours per week.  The minimum duration of any shift will be 7 hours, the maximum 12 hours.

Additional Conditions

Normal Daily Period of Duty shall be that detailed in the duty roster

Refreshment Periods will, subject to the exigencies of duty, be in accordance with Schedule 3A, paragraph 1 (3)

The Working Day will be defined in the duty roster

Duty Rosters will be published for a 12 month period, or, where the Variable Shift Arrangements are for a shorter period, then the roster will be prepared for the period for which it has effect.  The roster must include the start and finish times for each shift.  It must also include details of rest days and public holidays on which the officer may be required for duty.

A member shall, if required to do duty on a rest day, be compensated in accordance with police regulations.

Bank Holidays if an officer is required to do duty on a day which is a public holiday, he will be compensated in accordance with Police Regulations

Lieu Days where an officer is entitled to a lieu day, this will be taken as a day irrespective of the hourse of duty for that day

Refreshment & Subsistence Allowance where an officer works for 10 hours or more and is then retained on duty, the allowance shall be paid after retention of 1 hour

Annual Leave each days leave entitlement will be multiplied by 8 to convert it into hours.  Leave will be taken in hours thereafter.

Any period of hours remaining at the end of the leave year may, if in excess of 4 hours, be classed as a days leave or be carried forward into the following leave year.

Subject to local approval, officers will be allowed to carry forward into the next leave year a period of up to 40 hours in accordance with Police Regulations.

Recall from Leave where an officer is recalled from Annual Leave he will be compensated as follows;

If the day recalled was a rostered rest day 2 additional leave periods for each of the first two recalled days, thereafter 1.5 leave periods for each recalled day.

A leave period to be defined as the longest rostered shift worked under that variable shift pattern.

If the recalled day was an Annual Leave Day 2 times the number of hours taken as leave for that day for the first 2 days, and thereafter 1.5 times the number of hours for that day.

Courses  – where an officer is required to attend a Course, then his rostered duty will become the normal hour of the Course.  No compensation will be required either way.

Any loss of rest days will be compensated by a re-rostered rest day, irrespective of the shift duration.

Acting Ranks the initial qualifying period for acting Sergeants and Inspectors will be 112 hours.  Any overtime worked which attracts payment or time off in accordance with Regulation 28 will count towards the aggregate of 112 hours.

Categories of Leave

Information is available in each of the following categories:

Annual Leave

The annual leave year is 1 April to 31 March.  Entitlements (expressed in 8 hour days) will be as shown below :-

 

Length of Service 2008
Less than 5 years relevant service 22
5 or more years relevant service 25
10 or more years relevant service 27
15 or more years relevant service 28
20 or more years relevant service 30

 

 

Officers whose service date appears in the middle of an increment year will be entitled to leave as set out below.

 

(As calculated by Schedule 4 Police Regulations 1995)

 

2005/6 5 Years 10 Years 15 Years 20 Years
January 25 27 28 30
February 25 27 28 30
March 25 27 28 30
April 25 27 28 30
May 25 26 28 30
June 25 26 28 30
July 24 26 28 29
August 24 26 28 29
September 24 25 28 29
October 24 25 28 29
November 24 25 28 29
December 24 25 28 29

Carry over

Subject to the exigencies of duty you are entitled to:

  1. Carry over of no more than five additional days of annual leave (unless there are exceptional circumstances);
  2. Bring forward to the last month of a leave year no more than five days leave from the following year.

 

All requests for approval to carry forward annual leave must be submitted in the form of a report outlining the circumstances to the area commander/head of department.

Annual Leave – Police Officers leaving

If an officer leaves during a calendar year, the following calculation must be used to establish annual leave entitlement (as per Police Regulation 33)

Annual leave entitlement divided by 12 months then multiplied by the actual number of completed months they have worked in the year.

Example:

A police officer is due to retire mid September, and has 30 years’ service.

Leave entitlement for the year = 30 days divided by 12 (no of months in the year) times by 8 (number of completed months worked this year) = 20 days.

Sickness on Annual Leave

A member cannot be sick and on leave at the same time. Any annual leave falling within a period of sickness can be cancelled and taken at a later date.

Recall from Annual Leave

Under Regulation 33 of the Police Federation 2003, a member is entitled to compensation where a recall from Annual Leave occurs.

Your entitlement under this regulation is now:

  • 2 days’ leave for each of the first two days recalled OR if you elect, 1 days’ leave plus 1 day at double time payment for each of the first two days.

 

If you are recalled for more than two days, the third and any subsequent day is compensated at the rate of:

  • 1.5 days leave for each day OR if you elect
    1 days’ leave plus .5 days’ pay at double time in lieu of each such day

 

This applies to any period of absence of 3 or more days, where at least one day is shown as annual leave and the other days, if not annual leave, are rostered rest days, days taken as time off in lieu of overtime, public holidays (or days taken in lieu of such) monthly leave or any combination.

Court on leave – Expenses

Officers attending court who are recalled from annual leave, or unexpectedly recalled from other leave, will be compensated in respect of expenses incurred as follows:-

  • Any necessary travelling expenses incurred in attending court and returning to the holiday place;
  • Any refreshment or subsistence allowance to which the officer may become entitled by reason of his attendance at Court;
  • Expenditure over and above the allowance covered by the above, and within the limits of Police Regulations, necessarily incurred on food and lodgings because the officer’s home is closed;
  • Any charge made at the holiday place for accommodation or food in respect of periods which the officer was absent from the place, provided he can show he has taken all possible steps to avoid the expenditure.

 

Removal Allowance

This allowance was discontinued from 1 April 2003. Instead, officers who are required to move will be reimbursed for associated expenditure provided it is necessary, reasonable and backed by receipts.

 

Sick Leave

Details as to the self certification procedures applicable within the Force are available from Personnel Department or via the I.I.S system.

Your fitness for duty may be challenged first by way of a referral to the Force Medical Officer and, if then the Force Medical Officer and your Doctor disagree on your fitness for duty, by reference to a third Medical Practitioner on appeal.

If, on any day you have, during the period of 12 months ending with that day, been on sick leave for 183 days, you will cease for the time being to be entitled to full pay and become entitled only to half pay.

If, on any day you have been on sick leave for the whole of a period of 12 months ending with that day, you cease for the time being to be entitled to any pay whilst on sick leave.

The Chief Officer retains the discretion, however, to extend the period of entitlement to, as appropriate, full pay or half pay. For further details as to how this would affect you, please contact the Federation office.

If you are a contributing member of our Group Insurance Scheme and you are placed on half pay following a period of absence of 182 days (not necessary consecutive days) in any 12 month period due to accident or sickness, you can claim a weekly benefit of £50, payable for up to 26 weeks. All claims should be notified to the Federation Office.

Court appearances – whilst sick

If a member is certified as unfit for duty by a Doctor, and is due to give evidence in Court, unless the reason for the certification prevents the member from giving evidence (e.g. stress, throat infection, hospitalisation), the member is obliged to attend to Court and give evidence.

Travelling expenses are recoverable, as are claims for subsistence/refreshment allowances (if incurred). Injury sustained on duty

Any injury suffered whilst on duty (e.g. assault, a road traffic accident, falling over loose equipment, disease, stress, etc.) should be reported to your Supervising Officer and to the local offices of the DSS to have it classed as an industrial injury. They may invite you to claim for industrial disablement benefits. This is an entitlement and may assist in getting an ill health/injury pension, even at a much later date.

It also covers you should that injury cause further aggravation or deterioration.

Any injury received at any sport or game will not be regarded as an injury on duty, unless the sporting activity is part of a training programme or otherwise carried out in duty time under a specific order (e.g. PSU training).

In respect of any injury suffered by you (whether or not incurred on duty) you should notify the Federation Office with a view to obtaining advice as to the possibility of a civil claim and/or a claim under the criminal injuries compensation scheme.

If you are a contributing member of our Group Insurance Scheme, and are absent from work due to an on or off duty injury for more than 14 days, you are entitled to make a claim (currently £21 per week up to a maximum of 104 weeks).

All claims should be notified to the Federation Office, who will issue a claim form for completion and return.

Maternity Leave

Please note that the following is only a general guide, and should not be taken as an authoritative statement of the full maternity entitlements within the Statutory/Contractual/Regulatory provisions.

Maternity Leave Entitlement

Police officers are entitled to take up to 15 months maternity leave, irrespective of their length of service.  Maternity leave can be taken in one or more blocks, 6 months before and 12 months after the week the baby is due.  Leave can be started at any time after the 13th week of pregnancy.

All maternity leave must start on a Sunday.

Application for Maternity Leave

Officers should give notice of their intention to take maternity leave by the 15th week before the Expected Week of Confinement, but are encouraged to inform line managers as soon as possible.  Form MAT1A (available from Administration Sections) should be completed and forwarded to line managers.

Completion of Form MAT1A will enable a mandatory risk assessment to be carried out as soon as pregnancy is confirmed.  The purpose of this is to ensure that neither staff nor expected babies are placed at risk by work or the working environment.  For some staff, this may mean a change of duties whilst pregnant or breast feeding.  Night shift duty can be replaced by daytime working on receipt of a certificate from a doctor which states the health concerns and the adverse effect of continuing to work night duty.

+   Police officers may need to consider

+   Movement to non-confrontational duties

+   No contact with prisoners or potential prisoners

+   Any duties outside of police buildings to be carried out in plain clothes

The maternity certificate, MATB1 can be issued by Doctors/Midwives from 27th week of pregnancy and should be forwarded to Personnel Administration.  On receipt of Form MAT1A and MATB1 certificate, applicants for maternity leave will be notified within 28 days of a proposed return to work date, based on the assumption that the full entitlement of leave will be taken.

Premature Birth

When a baby is born before the maternity pay period was due to start, notice is required of the birth of the baby no later than three weeks after the event.  The maternity pay period will then begin the Sunday after the birth. 

Death of a Baby or Stillbirth 

If, in the unfortunate event that a baby dies or is stillborn after 24 weeks of pregnancy, the provisions within the maternity scheme will apply.  When this occurs before 24 weeks (miscarriage), sympathetic consideration will be given to any request for special leave. 

Time off for ante natal appointments

Expectant mothers are entitled to take time off with full pay during normal working hours for antenatal examinations with GPs and hospital clinics.  However, wherever possible, appointments should be arranged at the start or the end of the working day.  Evidence of appointments must be provided on request from supervisors, who should be advised of antenatal appointments as far in advance as possible.

MATERNITY PAY

Maternity pay will be paid into bank accounts on the same date as a salary would be received, and will be subject to the usual deductions.

If pay increases come into effect during a maternity pay period, regulatory/occupational maternity pay will include any additional amounts due.

Statutory Maternity Pay (SMP)

Police officers who have at least 26 weeks service by the end of the 15th week before the Expected Week of Confinement (EWC) will be entitled to receive Statutory Maternity Pay whether or not there is an intention to return to work.

SMP is payable from the 11th week before the EWC for a maximum of 26 weeks comprising 9/10ths of average salary for the first six weeks, followed by a set statutory rate per week for the remaining period, subject to the usual deductions.

Regulatory Maternity Pay

Officers who have 63 weeks continuous service at the beginning of the EWC (Sunday), will be entitled to full pay and allowances for the first 13 weeks of maternity leave.

To receive maximum benefit of 13 weeks regulatory maternity pay and 26 weeks statutory maternity pay, officers must start their maternity leave 24 weeks before the EWC.  Where Regulatory Pay and SMP coincide, officers will be paid the greater of the two, not both.

Where officers receive regulatory maternity pay, they must return to work for at least 1 month following maternity leave.  This requirement affects both those working reduced hours and full time and includes both sick and annual leave taken during that time.  If an officer does not return to work for 1 month then the difference between the statutory and regulatory maternity pay must be repaid.

Housing Allowance

Officers in receipt of 13 weeks regulatory maternity pay will also be entitled to housing allowance.  Once regulatory maternity pay has ceased, officers will no longer be entitled to this allowance.  However, if an officer�s husband is also a serving police officer and eligible for housing allowance, the full married allowance may be claimed for the period when the allowance is not longer received by a spouse.  In order to claim the allowance, officers must notify the Finance Department at least 1 month prior to the start of the unpaid leave.

Returning to work after Maternity Leave

Those taking their full maternity leave entitlement will not be required to give notification to Personnel Administration of their intention to return to work, unless they wish to do so before the end of their additional maternity leave.

Returning to work before the end of additional Maternity Leave

Officers who intend to return to work before the end of additional maternity leave within 26 weeks will normally return to their previous job.  Where this is not possible, they may return to an alternative post, but this would be on terms and conditions not less favourable than if they had not been absent.

Police officers can postpone their return date and give 21 days� notice again of the revised date.

The Force reserves the right to postpone a return to work by up to 4 weeks.  If a return is postponed, officers will be notified in writing of the reason for the postponement and the date on which they should return.  Rights under Regulation 36A are not affected.

For health and safety reasons, staff may have been required to change their duties while pregnant.  For the same reason, staff may also be required to return to a different job for a short time on return to work.

If preferred, officers may have a phased return to work.  This may include working reduced hours/days or flexible working for the first 28 days following a return to work.

Officers should follow the �Return to core policing� guidance to ensure any training and development needs are addressed on return to work.

Returning to work on Reduced Hours

Officers wishing to return to work on reduced hours should complete the appropriate form (available from Administration Sections) and submit this to their Area Commander as soon as possible.  Whilst every request will be looked at sympathetically, the operational needs of the Force will take precedence.

Officers are advised to contact the pension section at Gateshead Council for details of how working reduced hours may affect a pension.

Failure to return to work

If a decision is made not to return to work, then Personnel Administration must be notified immediately.

Applying for other posts whilst on Maternity Leave

Officers can apply for and accept another post whilst absent on Maternity Leave.

Annual Leave

All maternity leave, whether paid of unpaid, is regarded as service for the purpose of calculating annual leave.

Although annual leave is accrued during maternity leave, it cannot be taken during maternity leave.  However, it may be taken either at the beginning or the end of the maternity leave.

Officers may carry forward 5 days into the next leave year.

If a decision is made not to return to work, leave entitlement will be a proportion of the full annual leave year calculated from 1 January to the last day of service.

Pension Contributions

Officers will continue to pay their pension contributions at the appropriate percentage whilst on PAID maternity leave.

Officers will have up to 6 months from their return to work following maternity leave to make contributions in arrears.

Maternity Uniform

A maternity uniform is available from Supplies for both police staff and officers required to wear a uniform.  Police officers may also wear plain clothes.

Court attendance during Maternity Leave

Officers on unpaid maternity leave will be regarded as being on duty and will be paid for and receive an appropriate allowance for the days attended at court.

Continuity of Service

The first 26 week of maternity leave are counted for the purposes of assessing pay progression, leave and probationary service for police officers.  Additionally, maternity leave taken within the first 29 weeks of a baby being born will also be counted for officers with 26 weeks service at the 14th week before the EWC.

 

Parental Leave and Time Off for Dependents

Paternity (Maternity Support) Leave and Pay

Police Officers who are the fathers or nominated carers of expected babies will be entitled to paid leave at or around the time of the baby�s birth.  A nominated carer is the person nominated by the mother to help in the care of the child and is the primary provider of support to a mother at or around the time of the birth.  Leave entitlement for those working reduced hours will be calculated in the same way as annual leave.

Police Officers entitlement

Police officers with less than 26 weeks service at the 14th week before the EWC will be entitled to 1 weeks paid and 1 weeks unpaid paternity leave.

Police officers with more than 26 weeks service at the 14th week before the EWC will be entitled to 1 weeks paid and 1 weeks statutory paternity leave.  The second week will be paid at the statutory rate (currently £100 per week) or 9/10ths of a normal weekly salary, whichever is less.

The 2 weeks paternity leave must be taken consecutively anytime from 6 months before and up to 9 months after the birth of the baby.

Death of a baby and stillbirth

If, in the unfortunate event that a baby dies within the paternity leave period, or is stillborn after 24 weeks of pregnancy, entitlement to paternity leave will still apply.

Applying for Paternity Leave

Fathers or nominated carers must submit a report, outlining an intention to take paternity leave to their Administration Section by the 14th week before the week that the baby is due.  The report will then be forwarded to Personnel Administration.

NB Only one period of leave may be taken irrespective of whether more than one child is born as a result of the same pregnancy.

Further information regarding Paternity (Maternity Support) Leave can be obtained from Personnel Administration Extension 688344

 

Health & Safety

Welcome to the Health & Safety section of the web site, in these pages you will find some good general guidance on Health & Safety legislation, it is by no means an exhaustive list but it should give you an insight into the main subjects that we deal with in the Police Service.

Because Health & Safety legislation covers not only the Police Service, but all other working activities, legislation is constantly being changed or revised & whilst we try to keep these pages up to date there are occasions when we are over run with legislative changes.

For those of you who have never read any Health & Safety Legislation it can be very difficult to follow and understand if you find yourself in this situation please speak to your local Police Federation or Unison Safety representative they should be able to offer advice or if you prefer please call me on the numbers provided below.

Relevant Legal Background Documents

Since 1 July 1999, The Health and Safety at Work etc. Act 1984 has applied to members of Police Forces. If you have a concern about a health and safety matter (be it concerning your working environment at your place of duty or operational matters), then you should raise it with your Workplace Safety Representative.

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