The General Assembly, seeking to update and clarify the regulations for Annual Leave and Leave of Absence for Ministers, enact and ordain as follows:
1.Day of Rest
Ministers should ensure that they take at least one day of rest a week.
1.1. Presbyteries. Presbyteries should encourage Ministers to follow this practice through the normal course of the activities of its Pastoral Team.
1.2. Kirk Sessions. Kirk Sessions should also encourage the Minister to follow this practice and should make every effort to relieve the Minister of regular pastoral duties on the designated day of rest.
2. Annual Leave
In addition to the weekly day of rest, Ministers shall be entitled to annual leave as follows:
2.1. Entitlement. Ministers who work a six-day week are entitled to forty-two days annual leave in any one calendar year, of which six may be Sundays.
2.1.1. This holiday entitlement is the equivalent of seven weeks annual leave.
2.1.2. There is no additional entitlement for public holidays.
2.2. Holiday Period. Any one holiday period shall not exceed 28 successive days without the Minister informing the Presbytery of his proposed arrangements.
2.3. Holiday Entitlement Period. All holiday entitlement shall be taken up before 31st December or may be extended to 28th February of the following year with the agreement of the Presbytery. The amount of holiday entitlement carried over will be limited to one week.
2.3.1.Ministers are encouraged to plan their holidays well in advance and to make timeous arrangements for cover.
2.3.2. Preaching supply expenses incurred during the Minister’s holiday periods shall be met by the Deacons’ Court.
3. Paternity Leave
Ministers may be granted up to two weeks of paternity leave on application to the Presbytery subject to him being at least twenty-six weeks in the ministry. The Minister will be paid the full stipend for the two weeks.
4. Compassionate Leave
Compassionate leave on grounds of bereavement, family illness, special circumstances, or pastoral oversight may be granted to the Minister by the Presbytery.
4.1. Bereavement. In the event of a bereavement in the Minister’s family, or of a close relative, or of a dependant, the Minister shall automatically be entitled to receive compassionate leave with pay for up to five working days.
4.2. Family Illness. In the event of serious family illness where the Minister’s ability to focus wholly on his duties is impaired, he shall be entitled to compassionate leave. The period of compassionate leave shall be determined by the Presbytery in consultation with the Minister and giving due regard to the personal circumstances prevailing at the time.
4.3. Pastoral Oversight. The Presbytery may decide to grant a period of compassionate leave to a Minister when addressing issues which come to their attention in their pastoral oversight of congregations.
4.4. Special Circumstances. Where special circumstances apply, it will be open to the Presbytery to set the period of compassionate leave.
4.4.1. The Presbytery, through its Pastoral Team, shall monitor closely the specific circumstances in each case.
4.5. Interim Arrangements. The Pastoral Team may be authorised to make interim arrangements (e.g., appoint Interim Moderator or arrange supply), after consultation with the Minister, and then report to Presbytery.
4.6. Miscellaneous. The following rules apply regarding compassionate leave:
4.6.1. Compassionate leave will not exceed a period of four weeks except in the case of pastoral oversight.
4.6.2. The Minister will be paid for the duration of compassionate leave up to the maximum of four weeks.
4.6.3. In situations where the need for an additional period of absence arises, the Minister will contact his GP to be signed off work. The regulations regarding the Managing Minister’s Absence from Work will then apply.
4.6.4. Where an extended period of compassionate leave is granted by the Presbytery under Paragraph 4.3 above, paid leave may be extended, but the number of weeks of entitlement to sick pay under Section E.5 of Act 21, Class 2, 2023, will be reduced by the number of additional weeks.
4.7. Presbytery. The Presbytery, acting through its Pastoral Team, will take all reasonable pastoral care of the Minister and his family during such occasions where Compassionate Leave is considered appropriate.
4.7.1. The Presbytery Clerk (or other appointed Presbytery representative) is to be authorised to make interim arrangements after consultation with the Minister and then report to the Presbytery.
5. Care of Dependants
Time off may also be granted to Ministers to deal with emergencies involving a dependant.
5.1. A Dependant. A dependant can be a wife, a child, a parent, or anyone living in your household as a member of the family.
5.2. Allowance. The Minister will be allowed reasonable time off to deal with the emergency and make any arrangements that are needed.
5.2.1. A reasonable time off will normally be one or two days, but this may be extended to a maximum of one week at the discretion of the Presbytery Pastoral Team and depending on the circumstances.
5.2.2. In a situation where a period of more than one week of time off is required to deal with an emergency, the Minister may be granted Compassionate Leave.
5.3. Notification. The Minister shall notify the Presbytery Pastoral Team as soon as possible after the need for time off to deal with an emergency has arisen.
5.4. Stipend. The Minister will be paid for time off to care for dependants in cases of emergency for up to a period of one week.
6. Sabbatical Leave
6.1. Sabbatical Leave. Sabbatical Leave may be granted to a Minister for physical rest and restoration, and for spiritual refreshment.
6.1.1. A Minister shall be entitled to sabbatical leave for every seven years of service since ordination.
6.1.2. Sabbatical Leave may be granted where the Minister has served at least three years in his present charge or position. The leave of absence, on full stipend, may be granted up to a maximum of three months.
6.1.3. The Minister will inform the Kirk Session of his intention to apply for Sabbatical Leave.
6.1.4. The Presbytery shall consult with the Kirk Session and the Mission Board before a final decision is taken. The Congregation and the Mission Board shall have the right of appeal.
6.1.5. The Presbytery in approving the application will ensure that suitable and adequate pastoral arrangements are in place for the duration of the Minister’s absence.
6.1.6. The congregation will maintain their level of contributions to the remittances scheme for the whole period of Sabbatical Leave.
6.1.7. The Minister will develop a reading plan to assist the rest and restoration, and spiritual and refreshment of the period of Sabbatical Leave.
6.1.8. The Minister will bring a report on the Sabbatical Leave to the Presbytery with his reflections and showing the benefits of the period of absence.
6.2. Preaching Supply Costs. Congregations may apply to the Board of Trustees for the reimbursement of preaching supply costs incurred during the period of the Sabbatical Leave in line with arrangements for vacant congregations.
7. Special Leave
Special Leave may be granted by the Presbytery to Ministers in pastoral charges may be granted by the Presbytery for the following reasons:
7.1 Study Leave. A Minister may apply for study leave to focus on an area of study directly related to ministry within the Free Church of Scotland.
7.1.1. Study Leave may be granted where the Minister has served at least three years in his present charge or position.
7.1.2. The leave of absence, on full stipend, may be granted up to a maximum of three months.
7.1.3. There must be at least four years between any request for Study Leave. A maximum of two periods of leave will be granted within any ten-year period.
7.1.4. The congregation will maintain their level of contributions to the remittances scheme for the whole period of Sabbatical Leave.
7.1.5. The Minister will inform the Kirk Session of his intention to apply for Study Leave.
7.1.6. The Minister shall apply to the Presbytery for Study Leave with (1) proposed dates for the Study Leave period; (2) the proposed area of study; (3) an explanation as to how the chosen area of study would benefit his ministry.
7.1.7. The Presbytery in approving the application will ensure that suitable and adequate pastoral arrangements are in place for the duration of the Minister’s absence. The Presbytery will then pass the request to the Mission Board for their approval.
7.1.8. The Mission Board will consult the Board of Ministry regarding the suitability of the proposed area of study before giving their final approval.
7.1.9. The Minister shall report to the Presbytery and the Mission Board on the period of study when the Study Leave comes to an end.
7.2. Internal Secondment. Special Leave may be granted to undertake work within the Free Church of Scotland at the specific request of a department of the Church.
7.2.1. In each case the department shall obtain the permission of the Presbytery and the agreement of the Congregation.
7.2.2. The preaching supply costs, and any other additional expenses required to cover the Minister’s absence, shall be borne by the department concerned.
7.3. External Secondment. Special Leave may be granted to undertake work for any organisations outside the Free Church of Scotland.
7.3.1. This would involve secondment to an organisation and the organisation concerned would meet the full cost of the Minister’s absence, including pension costs.
7.3.2. In granting such leave the Presbytery shall have the agreement of the Congregation.
7.3.3. External secondments will be for a maximum of three months and limited to two periods within a ten-year period.
7.4. Eligibility. A Minister will not be eligible for Special Leave if he has had Sabbatical Leave in the last five years.
8. Records. The Mission Board will keep a record of all applications for Sabbatical Leave and Special Leave. They will also keep an up-to-date record of entitlement for Sabbatical Leave.
9. Notification. The Presbytery shall notify the Chief Executive Officer and the Finance Manager in all cases of leave of absence granted to Ministers which extend to more than two weeks.
10. Repeals. The General Assembly repeal Act 22, Class 2, 2023.