Police Service of Northern Ireland Regulations 2005

PART V Leave

Leave

32.—(1) Every member shall, so far as the exigencies of duty permit, be granted in each leave year such annual leave as may be determined by the Secretary of State; and in this regulation “leave year” means that period of 12 months beginning on such date as may from time to time be determined by the Chief Constable.

(2) In making a determination under paragraph (1) the Secretary of State may confer on the Chief Constable discretion—

(a) to grant such additional days of annual leave in any leave year in such circumstances and subject to such conditions as the Secretary of State may determine, and

(b) subject to such conditions as the Secretary of State may determine, to allow days of annual leave granted under this regulation to be taken as a single period, or as single days, or in periods of more than one day or as half days.

(3) In a determination under paragraph (1) the Secretary of State shall make provision for the compensation of a member for being recalled to duty during a period of annual leave granted under this regulation.

(4) Annual leave granted under this regulation shall be additional to the days on which the member is not required to perform police duties in accordance with a determination under regulation 25.

(5) A member shall not be entitled to be absent from duty on account of injury or illness otherwise than in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may confer on the Chief Constable power to appoint, or approve the appointment of, a medical practitioner for the purposes of any function to be carried out under the determination.

(6) A female member who is pregnant shall, in such circumstances as shall be determined by the Secretary of State, have the right not to be unreasonably refused special leave from duty to enable her to keep an appointment for the purpose of receiving antenatal care.

(7) A female member qualifies for maternity leave in such circumstances as shall be determined by the Secretary of State.

(8) A member shall, so far as the exigencies of duty permit, be granted such—

(a) maternity support leave;

(b) adoption support leave;

(c) adoption leave; and

(d) parental leave,

in such circumstances, as the Secretary of State shall determine.

(9) In paragraph (8)—

“maternity support leave” means leave to enable support to be given to an expectant mother at or around the time of birth, and

“adoption support leave” means leave to enable support to be given to an adoptive parent at or around the time of adoption.

(10) A member shall, so far as the exigencies of duty permit, be entitled to be permitted to take a reasonable amount of time off during periods of duty in order to take such action, and for such purposes, in respect of a dependant of that member, and subject to such conditions, as shall be determined by the Secretary of State; and for this purpose the Secretary of State may determine the meaning of “dependant” in relation to members.

(11) The Secretary of State may determine that any period of leave or time off taken in accordance with a determination under paragraph (1), (6), (8) or (10) shall be treated as a period of duty.

(12) Paragraph (5) and any determination thereunder shall apply to a member who is in quarantine as it applies to a member who is ill subject, in the case of such a determination, to such modifications as may be determined by the Secretary of State.

(13) The Secretary of State shall determine the circumstances in which a member shall be entitled to take a career break.

(14) The Secretary of State shall determine the circumstances in which a member shall be compensated for untaken annual leave or the Chief Constable shall be compensated for overtaken annual leave when the member ceases to be a member other than on immediate transfer to another police force.