Supporting worklife balance: NHSScotland PIN policy

Main Report

2.1 Scope

2.1.1 'Work-life balance' is a concept that applies to all staff members and not simply those who have family or caring responsibilities.

2.1.2 Except where there are specific qualifying conditions which are required in order to access particular provisions within this document, this PIN Policy applies to all directly employed staff.

2.1.3 Staff should be treated fairly and consistently, with equality of access to the range of flexible working options and leave arrangements set out within this PIN Policy, in line with the provisions of the Equality, Diversity and Human Rights PIN Policy.

2.2 Strategic Framework/Organisational Culture

2.2.1 Successful service delivery depends upon the workforce within NHSScotland and it is understood that staff are at their best when they are able to strike a balance between life inside and outside work.

2.2.2 As exemplar employers, NHSScotland Boards recognise the need to attract and retain the best staff and that a commitment to helping staff to achieve a 'work-life balance' will assist staff to work more happily and productively, as well as widen the potential pool of talent available to the service.

2.2.3 However, it is equally recognised that achieving work-life balance within an organisation demands willingness on the part of staff, managers, clinical leaders, and trade union/professional organisation representatives to explore how practices to support the work-life balance can support the organisation as a whole to achieve its objectives. This will challenge all partners to create a fundamental cultural change at all levels.

2.3 Legal Framework & NHS Terms & Conditions of Service

2.3.1 Current employment legislation sets out the rights and responsibilities of employees and employers in relation to the following areas as applicable to this PIN Policy:

• Rights of Part-time Workers Flexible Working Requests
• Time off for Dependants
• Time off for Public Duties
• Rights of reservists
• Maternity Leave & Pay
• Adoption Leave & Pay
• Paternity Leave & Pay
• Parental Leave

2.3.3 The legislation covering these areas is in some cases particularly complex and regularly subject to change. It would not be prudent therefore to detail all current applicable legislation.

2.3.3 While it is intended that this PIN Policy will be reviewed and amended to reflect any future changes to employment legislation, it is the responsibility of individual NHSScotland Boards to ensure that their local policies, developed in line with this PIN Policy are reviewed on a regular basis, to ensure that they are in line with any future legislative change.

2.3.4 Similarly, NHSScotland Boards should ensure that those who may require to access such local policies, whether employees or managers are provided with up-to-date, accurate information regarding their rights and responsibilities.

This PIN Policy should be read alongside the Equality, Diversity and Human Rights in NHSScotland PIN Policy, which sets out NHSScotland Boards' obligations in relation to the Equality Act 2010.

2.3.5 With specific regard to flexible working arrangements, employers should also be mindful of their responsibilities under the Working Time Regulations 1998.

2.3.6 This PIN Policy is an addendum to the Terms and Conditions of Service. It is an annex to the Agenda for Change Handbook but equally applies to other members of staff within NHSScotland.

2.3.7 Boards should refer to both this PIN Policy, NHS Terms and Conditions of Employment and current employment legislation to ensure an approach which meets legal requirements and current best practice.

2.4 Principles & Values

2.4.1 NHSScotland Boards must have in place a local policy which is developed in partnership with trade unions/professional organisations, and which meets or exceeds the minimum standards as set out within this PIN Policy.

2.4.2 NHSScotland Boards must ensure a genuine commitment to supporting the 'work-life balance'. Board members need to recognise and accept their corporate responsibility for developing an organisational culture in which local policies are implemented and meaningful for all staff. Where organisations feel that service demands challenge this, particularly surrounding flexible working practices, conscious efforts must be made, in partnership with staff and their representatives, to find a balance through creative and effective solutions. This might include examining individual and departmental workloads, assessing the distribution of work across the organisation, and revisiting organisational priorities where possible.

2.4.3 Boards will ensure that clear arrangements are in place for accessing their local policy and the provisions contained within it, and actively encourage employees to ask questions over any matters they do not understand. In particular, reference should be made to the existence of such policies and where they can be accessed, during the induction of new employees to the organisation.

2.4.4 Boards will ensure that managers and trade union/professional organisation representatives are made aware of the provisions of their local policy to support the work-life balance through joint training.

2.4.5 Specifically, Boards will ensure that managers are provided with clear advice on the range of work-life balance employment options they can offer staff who wish to balance personal and work responsibilities, and of the potential benefits for both employees and the service. Furthermore, Boards must ensure that managers fully understand their role and responsibilities under its local policy, and that they know where further information and guidance can be found.

2.4.6 All employees will have equal access to this Policy in compliance with relevant legislation and NHS Terms and Conditions of Employment. Boards will take steps to promote and extend equity of access to the provisions set out within their local policy, thereby contributing to increased equality of opportunity within NHSScotland. In particular, Boards should ensure that flexible working arrangements are positively promoted through their recruitment and selection procedures.

2.4.7 No application for access to the provisions contained within Boards' local policies will be unreasonably refused.

2.4.8 Boards must, in partnership, monitor applications for access to and use of the provisions set out within their local policies on an on-going basis with a view to ensuring the fair and consistent application of their local policy, as well as return on investment in relation to those provisions which go beyond legal minimum standards, ensuring that the policy is regularly reviewed to ensure that it remains fit for purpose and to enable Boards to demonstrate adherence to this PIN Policy.

2.5 Roles and Responsibilities

2.5.1 Employees

• To recognise that with rights come responsibilities to act reasonably;
• To make use of the provisions of their Board's local policy fairly and reasonably; and
• To be prepared to agree solutions and working arrangements that take account not only of their own needs, but also of the needs of colleagues and the service.

2.5.2 Employers (through Line Managers)

• To ensure fairness and consistency in the application of the provisions set out within their Board's local policy;
• To give genuine consideration to all applications made under the provisions set out within their Board's local policy and to ensure that no application is unreasonably refused;
• To ensure that they understand their role and responsibilities under their Board's local policy, and that they seek further information and guidance where required; and
• To support work to promote the provisions set out within their Board's local policy.

2.5.3 Trade Union/Professional Organisation Representatives and their local representatives

• To work in partnership with their respective NHSScotland Board to develop a local policy which meets or exceeds the provisions set out within this PIN Policy;
• To support work to promote the provisions set out within their Board's local policy; and
• To support employees and Boards in ensuring fairness and consistency in the application of the provisions set out within their Board's local policy.

2.6 Benefits for NHSScotland

As well as the benefits for the organisation and their staff outlined below, an organisational culture that promotes work-life balance is also directly benefited in the following ways:

2.6.1 Recruitment
NHSScotland needs to take account of the changing expectations of the workforce and the wider labour market. Trends show that employees and potential recruits will be more likely to choose to work in organisations that can match their own expectations. Arrangements to support the work-life balance encourage recruitment from a more diverse range of applicants.

2.6.2 Retention
Evidence indicates that staff are more likely to stay with an organisation where arrangements to support the work-life balance are available. Organisations that recognise the needs of staff will reduce wastage of skills, ability and experience as people will remain within the workforce. Work-life balance policies allow employers to reduce turnover rates, which may in turn result in savings on recruitment, training and induction costs. For example, arrangements to support the work-life balance are one of the main reasons women choose to return to work after maternity leave.

2.6.3 Quality and effectiveness
Increasing the ability to balance work and life responsibilities has been shown to increase quality of life. In turn, this can lead to increased motivation, greater job satisfaction, improved job performance, increased productivity levels, staff engagement and ultimately improved service delivery.

2.6.4 Increased organisational ability to meet service demands
Arrangements to support the work-life balance, particularly regarding flexible working, increase the ability, through effective workforce planning, to match staff availability with service demand.

2.6.5 Reduced absenteeism
Evidence suggests that arrangements to support the work-life balance are likely to lead to a reduction in absenteeism as staff have the flexibility to adjust their working environment to meet their personal responsibilities. This results in a more productive workforce with lower absenteeism costs, which serves to improve the quality of services.

2.6.6 Health at work
Work-life balance policies are a key contributor to the reduction of stress at work and the improved wellbeing of staff. More guidance on the management of stress at work is included in the Managing Health at Work PIN Policy.

2.6.7 Equality and inclusion
Work-life balance policies are available to all staff to meet their individual needs and responsibilities, as their circumstances change throughout their working life, thus promoting equality across the workforce.

2.6.8 Staff satisfaction
Work-life balance policies provide an opportunity to combine paid work with other activities, allowing for more effective management of work-life responsibilities, leading to a more varied and balanced lifestyle.

2.7 Arrangements to Support the Work-life Balance

The accompanying model policies set out arrangements for employees to access the following provisions to support the work-life balance.

2.7.1 Flexible Working Arrangements

Flexible working encompasses a range of options as listed below:

2.7.1.1 Part-Time Working
Where an employee is contracted to work less than full-time hours.

2.7.1.2 Job Sharing
A form of part-time working where two or more people share the responsibility for a job between them in a structured manner.

2.7.1.3 Career Breaks
A means of enabling people to take an unpaid break from work where the contract of employment does not terminate.

2.7.1.4 Reduced Working Year
Where an employee's contract of employment remains in place, but they take paid/unpaid leave during fixed periods of the year, such as during school holidays.

2.7.1.5 Flexi-Time
A system by which employees can choose when they work, subject to achieving a required total number of hours over an agreed daily, weekly or monthly reference period. Such a system may involve a core period of the day when employees are expected to be at work and may also involve the facility for employees to carry over a debit or credit of hours between such reference periods.

2.7.1.6 Self-Rostering
An arrangement whereby members of a team are allowed to be self- sufficient by scheduling their own shifts, whilst maintaining agreed service levels.

2.7.1.7 Compressed Working Hours
Where employees compress normal working hours into fewer working days.

2.7.1.8 Annualised hours
Where contracted hours are calculated over the period of a whole year. They may consist of both fixed and unallocated shifts, ensuring that core times are filled and remaining times are flexible. The unallocated shifts can then be used by the manager for unexpected surges in demand at reasonably short notice.

2.7.1.9 Home working
Where a staff member fulfils their contractual obligations working from home for all or part of their hours.

2.7.1.10 Phased retirement
An arrangement where an employee can gradually reduce their working hours as they near an agreed retirement date, enabling them to balance their work and personal life and prepare for full retirement.

2.7.1.11 Voluntary reduced working hours
The provision for employees to request a reduction in their contracted hours for a defined temporary period of time.

2.7.2 Special Leave
NHS conditions of service provide for staff entitlement to compassionate leave and special leave, and NHS employers must ensure that they have a policy in place in order to address a range of staff needs. The model policy at Appendix I group these responsibilities to encompass:

• Provision to allow a carer to meet their responsibilities for a relative, partner or dependant;
• Arrangements for time off when there is for example a serious illness or death of a close relative or dependant;
• Arrangements for time off for essential civic and public duties (including reservist duty; and
• Arrangements for time off to deal with domestic or unforeseen crises.

2.7.3 Parental Policies
2.7.3.1 Maternity and Breastfeeding
Detailing provisions for pregnant employees and new mothers returning to work, and covers maternity leave and pay, antenatal and postnatal care, health and safety considerations and provisions for new mothers wishing to breastfeed.

2.7.3.2 Adoption and Fostering
Detailing provisions for employees who are intending to adopt or who have been matched with a child for adoption, and who will be the primary carer for that child, and covers adoption leave and pay and time off in relation to appointments during the adoption process. It also covers provisions for employees who are intending to or who are fostering children.

2.7.3.3 Maternity Support ( for example Paternity)
Detailing provisions for employees who will have parental responsibility for a newly born child (or a child newly placed for adoption), but where they are not the primary carer (i.e. where it is their partner who is entitled to maternity or adoption leave). It covers provisions for maternity support (paternity) leave and pay, and time off in relation to antenatal appointments (or appointments during the adoption process).

2.7.3.4 Shared Parental Leave
The Shared Parental Leave (SPL) scheme allows parents to share between them what would otherwise have been statutory maternity leave and pay. Although the first two weeks of maternity leave remain reserved to the mother, the following 50 weeks can be taken by either the mother or the father (or the mother's spouse, partner or civil partner), subject to various notification and eligibility requirements.

2.7.3.5 Parental Leave
Parental leave is expressly for the purpose of allowing parents to spend quality time with their children and assist in balancing this with work commitments, thus improving their participation in the workplace.

2.7.3.6 Childcare Guidance
Offers information on childcare provision or support.

2.8 Outcomes & Success Criteria

The Staff Governance Standard Monitoring and Assessment Framework and Annual Return offers a clear structure within which organisations can measure their progress in relation to the Standard. The fourth arm of the Staff Governance Standard requires staff in NHSScotland to be treated fairly and consistently, and implementation of PIN Policy is part of the self-assessment criteria used to measure this element of the Standard.

The extent to which NHS employers' work-life balance policies have been successfully implemented can be measured through the following indicators:

• Recruitment levels and the organisation's ability to fill vacancies (this might be measured by the length of time taken to fill vacancies);
• Equity of access to policies that support a work-life balance, to training opportunities and to promoted posts;
• Retention and staff turnover levels - retention of staff should be increased as demonstrated by reduced turnover rates;
• Increased quality and effectiveness of service delivery as the potential for staff stress due to managing competing priorities is reduced;
• Sickness absence levels - an effective special leave policy, for example, will mean that staff do not take sick leave to manage domestic responsibilities;
• Change of culture to one in which a long-hours culture is discouraged;
• Robust and effective monitoring (for example via staff surveys);
• Organisational reputation - status as a good employer with supported, well-trained managers implementing policies that work to the benefit of staff, the organisation and ultimately patients and users of services.
• Monitor, review and evaluate take up of policies to ensure that they:
• • comply with the on-going changes rights, and
  • constantly meet the needs of both the business and the individual, and
  • don't exclude or cause unfair disadvantage
• Regularly review other relevant procedures (such as selection criteria) to ensure that they do not present barriers to those wanting to balance personal and work responsibilities. Show how and where progress is being made.