This guidance supports managers where an employee or teacher is unable to return to work as planned following personal (non‑work‑related) overseas travel due to civil unrest or related travel disruption.
Personal holiday travel remains the responsibility of the individual. Under national terms and conditions (SJC and SNCT), there is no automatic entitlement to paid leave in these circumstances. However, absences may be authorised where the situation is unavoidable and the employee maintains appropriate contact.
FAQ Guidance
- What should a manager do if an employee or teacher cannot return from an overseas holiday due to civil unrest or travel disruption?
The employee must notify their line manager at the earliest opportunity. Managers should acknowledge the notification, confirm expectations around ongoing contact and establish the likely duration of the disruption where possible. The absence should be recorded as authorised where communication is maintained and the circumstances and unavoidable.
- Is the employee entitled to paid leave in these circumstances?
No. Under national SJC and SNCT terms there is no automatic entitlement to paid leave where an employee is stranded overseas following personal (non‑work‑related) travel.
- Can the absence be treated as authorised even if it is unpaid?
Yes. Where the employee has acted responsibly, maintained contact, and the situation is outside their control, the absence should normally be recorded as authorised, even where it is unpaid.
- Can Local Government Employees (SJC) use annual leave?
Yes, subject to agreement and where the employee has sufficient remaining annual leave balance. Annual leave can be used to cover the period of absence if both parties agree.
- What if the employee does not have annual leave available or does not wish to use it?
Managers may consider other options in line with Council policy, including:
- Temporary remote working (where appropriate), or
- Authorised special leave, which would normally be unpaid in these circumstances.
- Is overseas remote working allowed?
Overseas remote working is not normally permitted by Argyll and Bute Council without prior authorisation. Any temporary arrangement must be explicitly approved and must comply with Council requirements on:
- ICT security
- Data protection
- Health and safety
- Insurance
Managers should not assume that overseas remote working is appropriate or permissible. Only requests that comply with the Wassenaar arrangement may be considered.
- How should special leave be applied for Local Government Employees?
Where annual leave or remote working is not suitable, managers may authorise special leave in accordance with Council policy. In cases involving overseas travel disruption following a personal holiday, this would normally be unpaid.
- Does the same approach apply to teachers?
No. Teachers are employed under SNCT conditions, which differ from SJC arrangements.
- Can teachers use annual leave to cover absence during term time?
No. Teachers do not have a flexible annual leave entitlement, and absence during term time cannot be converted into annual leave.
- How should absence for teachers be recorded?
Where a teacher is unable to return for pupil contact days due to overseas unrest or travel disruption, the absence must be managed in line with Council Policy or recorded as authorised unpaid leave, in accordance with LNCT governance arrangements.
- Is paid special leave available to teachers in these circumstances?
No. There is no contractual entitlement to paid leave in cases of travel disruption following a personal holiday. Paid special leave applies only to clearly defined situations (e.g. bereavement or urgent domestic distress), which would not normally include overseas travel disruption.
- Who can managers contact for advice?
Managers should contact HROD for advice on individual cases via the HR Helpdesk