Career Break Policy

1. Purpose and Scope

1.1  Registers of Scotland (RoS) is committed to a Career Break Policy to allow employees an opportunity to leave their employment on a medium to long-term basis to fulfil domestic or other commitments. The policy will enable employees to keep up to date during their career break and assist them where possible with affecting a return to work at the end of the agreed break. RoS believes that the scheme will help to recruit, retain, and encourage the return to work of skilled employees.

1.2  A career break is special leave without pay for a specified period of time. The policy is designed for employees who are currently prevented from remaining in full or part time work, but who would like to restart work when circumstances make this possible, for example after a course of further education, bringing up children, having cared for a dependant, relative or after a life experience.

1.3  A career break will not be allowed for the purpose of taking up alternative employment or for social travel, e.g. not associated with caring responsibilities.

1.4  The maximum period of the career break is 2 continuous years, and the minimum is for 6 months. RoS cannot provide any firm guarantee of re-employment at the end of any agreed break; the employee should take full consideration of this before making any decision to embark upon a career break.

1.5  RoS will make its best endeavours to find employees returning from a career break a suitable post, however we cannot guarantee a job. In these circumstances, if a suitable post cannot be identified in the 3 months following the expiry date of an employee’s career break, their employment with RoS will come to an end, without further notice, or any obligation (including financial) on RoS’ part.

2. Guiding principles

2.1  The principles of the career break policy are that:

• a career break is an agreed period of unpaid special leave, where employment is paused and the employee ceases to accrue benefits like annual leave, etc. It does not affect length of service or amount to a termination of employment
• a career break will impact an individual’s terms and conditions of employment
• permanent employees at RoS who meet the eligibility criteria can apply to take a career break
• those taking a career break must be aware that their existing post will not be held open for them to return to
• whilst on a career break, employees will continue to be employed by RoS and should continue to adhere to the Civil Service Code
• during the career break, employees can apply at any time for suitable vacancies advertised within RoS and the wider Civil Service
• a career break will not be permitted where the primary purpose of the break is to undertake alternative employment with another employer, or to become self-employed
• the policy is not intended as a means of dealing with short-term emergencies for which other forms of leave would be more appropriate.

3. Eligibility

3.1.  Employees who wish to be considered for a career break must have:

• successfully completed their probation period
• no live disciplinary warnings on their file
• not been placed on the formal capability process due to attendance
• not been placed on a formal stage of the performance capability procedure.

3.2.  Granting of a career break is entirely at the discretion of management. Where an application does not meet the criteria, it will be automatically refused. Employees may appeal against this decision using the RoS grievance policy and procedure.

4. Applying for a career break

4.1  Employees should provide a minimum of eight weeks’ notice to their manager, when applying for the career break or for requesting an extension to a career break.

4.2  Initial discussions on a career break should be discussed with the appropriate line manager. Requests should be made in writing by completing the career break application form found on RoS intranet under forms.

4.3  Employees must read the Career Break Policy and understand how this request will impact their terms and conditions of employment.

4.4  The employee’s manager will then discuss this request with the relevant C1 manager. If the request meets the Career Break criteria, then the employee’s manager will submit a formal request to the C2 of your department.

4.5  Once the C2 has reviewed the Career Break Request, HR will then write to the employee to confirm whether this has been approved or declined.  If the request has been declined the reasons for declining the request will be included in the letter. If the Career Break Request is approved, employees will work with their manager and HR to make arrangements to start this.

4.6  The granting of a career break and the duration of the career break will be entirely at the discretion of RoS and will depend on the business needs at the time in question.

5. Career break terms and conditions

5.1  This section will help employees understand the impact that a career break will have on their terms and conditions.

5.2  Any period of unpaid leave does not count as effective service for the purposes of:

• sick absence pay
• qualifying for maternity/adoption leave
• increase annual leave allowance
• pension benefits.

A ‘stop the clock’ principle is operated, such that unpaid periods of absence do not accrue benefits, but those already accumulated are preserved.

5.3  Employees on unpaid leave who are in mobile grades continue to be considered as mobile during the period of unpaid leave. Where a department is relocating, employees on unpaid leave are treated in the same way as other employees.

5.4 Redundancy

5.4.1  Employees on a career break will be advised that they may be considered as part of a unit at risk of redundancy should surpluses arise during their career break.

5.4.2  Employees who are on a career break and who retire early on grounds of redundancy (whether voluntarily or compulsorily), will receive the relevant compensation:

• based on their pensionable pay before the start of their unpaid leave
• calculated in the same way as for employees in post.

5.5 Applying for suitable roles or promotions

5.5.1  During a career break, employees can apply for suitable roles or promotion opportunities advertised within RoS and across the wider Civil Service, provided that they are able to take up the post when required by the business area.

5.5.2  Its important employees discuss what type of employment opportunities within RoS, that they would like their manager to keep them informed of and how they  would like their manager to do this.

5.6 Applying for training

5.6.1  Employees can apply for training courses while on a career break. However, the manager will make the final decision on whether this request is approved.

6. During the career break

6.1 Keeping in touch

6.1.2  During the period of career break, employees and their manager may agree to keep in touch. Employees should make arrangements with their manager prior to starting their career break to keep in touch. This can be amended during the career break if applicable but should be confirmed in writing and be proportionate to enable two-way dialogue and effective communication.

6.2  Employee responsibilities

6.2.1 It’s important that employees familiarise themselves with the career break policy and carefully consider the impact it will have on terms and conditions of employment. Some employees may decide to take independent advice if they feel it is necessary.

6.2.2  While on a career break, employees will continue to be bound by the normal rules applying to civil servants, in particular those relating to conduct, financial affairs and political activities.

6.2.3  Employees must not take part in any activity, including employment, that could create conflict with RoS’s interest as an employer, or compromise an employee’s role and responsibilities as a civil servant.

6.2.4  Employees should proactively search and apply for suitable roles in readiness for the career break end date.

6.2.5  It is expected that employees contact RoS one month prior to their date of return to discuss arrangements for their return.

6.2.6  Employees should notify their manager immediately of any change of circumstances such as examples below:

• contact details (including change of address)
• if an employee decides they no longer intend to return to work
• if any criminal charges have been raised against them during a career break.

6.3 Manager responsibilities

6.3.1  The manager will be the main point of contact during a career break. Employees should agree with their manager, before going on career break, how often to keep in touch and what information should be communicated from a work perspective.

6.4 HR responsibilities

6.4.1  Employees should contact HR at any point to ask about any impact on benefits and terms and conditions of employment.

6.4.2  Employees and managers can engage with HR for support with the career break application form.

6.4.3  HR can support employees returning from career break to find a suitable role, if one exists. HR will not create a role to suit someone needs and we cannot guarantee a job. Where no suitable role can be found in the 3 months after the career break end date, HR will inform the employee of this and, as per the career break policy, the employment will come to an end.

6.5 Extending a career break

6.5.1  Any requests for an extension should be discussed with the appropriate manager. The manager and C1 manager must review this request initially.

6.5.2  Employees are required to provide 8 weeks’ notice when requesting an extension on their Career Break.

6.5.3  If the request can be supported then both the employee and manager will then work with HR to complete the career break extension application form. All Career Break extensions will be submitted via the relevant manager and follow the same timelines outlined in section 4.

7. Returning to work

7.1  Employees must get in touch with their manager at least 1 month before the career break end date to agree next steps.

7.2  One month prior to the career break end date, employees should meet with their manager and HR to discuss:

• available posts
• working hours
• location options
• any training needs.

7.3 Returning to work earlier than the date initially specified

7.3.1  Employees may apply to return to work on a date earlier than the agreed date of return.  A minimum of 1 month notice should be given. However, RoS cannot guarantee that a suitable vacancy will be available at that time.

7.3.2  If there are no suitable vacancies available, then employees will remain on career break until the career break end date that had been initially agreed.

7.4 Securing a new position once a Career Break has ended

7.4.1  Employees can apply, at any time for suitable vacancies advertised within RoS and across the wider Civil Service.

7.4.2  If by the end of a career break and a post is not secured, HR will work in partnership with an employee for a 3-month period - to identify a suitable post - following a skills matching process.

7.4.3  RoS will expect employees to be flexible in considering any available posts. RoS will not create posts specifically to meet individual needs when returning from a career break, nor will previous posts be held open and made available to employees on their return.

7.4.4  During the period of time that an employee is applying for roles within RoS or have provided notice of their decision to return to work, they will not be paid i.e. a career break remains unpaid until when/if a new role has started.

7.4.5  While RoS will attempt to make its best endeavours to find those returning from a career break a suitable post, at the substantive grade, we cannot guarantee a job. In these circumstances, if a suitable post cannot be identified, in the 3 months following the expiry date of the career break, then employment with RoS will come to an end, without further notice, or any obligation (including financial) on RoS’ part. This means that no severance or redundancy payment will be made, regardless of length of service.

8. Complaints procedure

8.1  If an application for a career break is declined, at any stage, employees may raise a grievance in line with the grievance policy and procedure.

9. Support

9.1  RoS employees are still able to access all of the usual services available from the Employee Assistance Programme during your career break, which can be accessed from the RoS wellbeing hub.

10. Roles and responsibilities

10.1  The Strategic People Authority is responsible for the content of this policy, its approval and review. They are responsible for ensuring its implementation in practice and for monitoring this over time. They are responsible for ensuring that appropriate procedures, guidelines, or standards are maintained and ownership for these assigned appropriately.

11. Approval and review

11.1  This policy will be reviewed and approved by the Strategic People Authority (SPA) every 24 months, unless earlier review is appropriate.