Policy Summary. Policy Title: Annual Leave Policy. Reference and Version No: HR 34 Version 5

Transcription

1 Policy Title: Annual Leave Policy Reference and Version No: HR 34 Version 5 Author and Job Title: Roshni Devgan Employee Relations Advisor Executive Lead - Director of Human Resources and Education Policy Summary This policy describes the procedures to be followed when calculating annual leave and public holiday entitlements and taking into account part-time working, changes to working hours, new employees and leavers. Validated By: Policy Review Group Ratified By: Joint Forum Date Issued: 10 August 2017 Date for Review: 17 July 2020 Related Documents HR 17 Induction Policy HR 35 Flexible Working Policy HR4 Attendance Management Policy This Policy is Intended for: All Trust Staff The Trust is committed to the fair treatment of all, regardless of age, colour, disability, ethnicity, gender, gender reassignment, nationality, race, religion or belief, responsibility for dependants, sexual orientation, trade union membership or non membership, working patterns or any other personal characteristic. This policy and procedure will be implemented consistently regardless of any such factors and all will be treated with dignity and respect. To this end, an equality impact assessment has been completed on this policy. 1 of 16 (Date for review 17 July 2020)

2 CONTENT 1 Introduction 2 Philosophy 3 Strategic objectives 4 Scope of the policy 5 Responsibilities 6 Annual leave year (includes Table 1 Annual leave table) 7 General Public Holidays (Bank Holidays) 8 Carry over leave 9 Sickness occurring during annual leave or bank holidays 10 Annual leave during maternity, paternity and adoption leave 11 Annual leave during suspension 12 Entitlement on leaving 13 Monitoring Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Agenda for Change: Annual Leave Entitlement for Complete Years Exclusive of Bank Holidays Agenda for Change: Calculation of Bank Holiday Entitlement Agenda for Change When Christmas Day falls on a Friday Agenda for Change When Christmas Day falls on a Saturday Agenda for Change When Christmas Day falls on a Sunday Medical and Dental Staff Annual Leave Entitlement 2 of 16 (Date for review 17 July 2020)

3 1. Introduction The aim of this Policy is to provide a uniform and equitable approach to the application of annual leave and bank holiday entitlements, which take into account the entitlements and arrangements defined under Terms and Conditions of Employment. 2. Philosophy The Trust is committed to assisting employees to obtain a work life balance through time off arrangements, whilst being considered against service needs. 3. Strategic Objectives The strategic objectives of this policy are: To ensure equity for all staff by ensuring that annual leave entitlements are based on number of hours worked, The application of the policy is fair to all staff, independent of individual working patterns. 4. Scope of the policy The Policy applies to all employees including medical and dental staff. 5. Responsibilities 5.1 Line Managers To ensure accurate calculation of annual leave entitlement in line with this policy; To allow provision for employees to take their annual leave; To minimise the need for carry forward of leave to the following leave year; To ensure continued service provision during periods of annual leave; To ensure leave card records are kept for each member of staff. 5.2 Employees To ensure annual leave entitlement is taken within the current leave year at regular intervals where possible to ensure a healthy work-life balance; To ensure all annual leave is requested via the annual leave card and is authorised by the line manager. 5.3 Workforce To provide advice and guidance on terms and conditions of employment in relation to annual leave; To monitor any grievances raised by staff in respect of their entitlement to annual leave. 5.4 Staff Side Representatives To encourage employees to take their annual leave during the current annual leave in order to help maintain a good work-life balance. 3 of 16 (Date for review 17 July 2020)

4 6. Annual Leave Year (includes Table 1 Annual Leave Table) The annual leave period shall be from 1 April to 31 March (with the exception of medical and dental staff whose annual leave start date is based on date of appointment). 6.1 Entitlement The basic annual leave provisions under Agenda for Change, are contained in Table 1 below: Table 1 Annual leave entitlement Length of service On appointment After 5 years service After 10 years service Annual leave + General Public Holidays 27 days + 8 days 29 days + 8 days 33 days + 8 days (The annual leave provisions for medical and dental staff are contained in Table 6). The Trust Policy is to determine annual leave entitlement in hours not days for all staff regardless of whether the employee is full-time or part time. The benefit for all Trust employees in calculating entitlement in hours is that this ensures equity for all by ensuring that staff who work variable hours/shifts do not receive either more or less leave than colleagues who work a standard pattern. The calculation of annual leave entitlements pertaining to all staff is contained at Appendix 1. Hours have been rounded up or down to the nearest 0.5 decimal point (i.e. the nearest ½ hour). In addition to annual leave entitlements, employees are entitled to a further 8 paid General Public Holidays (Bank Holidays). In the case of all part time staff, this entitlement is pro rata to the full time allowance. The calculation of this entitlement is always proportional to the number of basic contracted hours worked. Table 3 contains the Bank Holiday entitlement for all staff both on a per Bank Holiday basis and also for a full leave year. Further details pertaining to Bank Holidays are contained in section 7. It is expected that annual leave will normally be taken in periods of not less than ½ day and any requests for longer than two weeks must be made in writing to the line manager, giving as much notice as possible. The booking of any annual leave will be subject to local departmental procedures and holiday arrangements should not be made until annual leave has been authorised. Line managers should ensure that any annual leave requests are authorised within five working days wherever possible Please note that consultants are required to give a minimum of eight weeks notice prior to requesting annual leave. 6.2 Calculation of Reckonable Service An employee s continuous previous service with a NHS employer will count as reckonable service in respect of annual leave. In addition, aggregated NHS service, i.e. any period of time that has been worked in the NHS, regardless of whether or not there has been a break in service, will count as reckonable service for annual leave. 4 of 16 (Date for review 17 July 2020)

5 In order for previous service, as detailed above, to be recognised as reckonable service, staff will need to provide formal documentary evidence of any relevant, reckonable service. 6.3 Entitlement on Joining All new members of staff will be entitled to annual leave plus Bank Holidays in the year of joining the Trust, on a pro-rata basis. Entitlement in the first year is dependent on the number of full complete calendar months worked after the date of joining and before the end of the annual leave year. Employees who therefore commence employment with the Trust after the 1 st Monday/working day in the month will not receive leave entitlement for this month. Annual leave entitlement for part years can be calculated using Tables 2 and 3 but this must be pro rata to the number of months in the leave year since joining. Annual leave is calculated based on 1/12 th for each complete calendar month (subject to the terms of the paragraph above). The Bank Holiday hours entitlement will not be based on a 1/12 th basis this will be calculated according to the number of Bank Holidays remaining in the current leave year from the date of joining. 6.4 Entitlement on changing contracted hours Where staff change their contracted hours, this will result in a re-calculation of their annual leave entitlement based on completed months on the new and the old contracted hours to give the full year entitlement. The Trust policy is that where staff change their contracted hours part way through a month they should not lose entitlement. Therefore, in these cases the entitlement for the first month will be calculated on the basic weekly contracted hours that they predominantly worked for that initial month. 6.5 Increases to entitlement following increased length of service at 5 and 10 years Where an employee s total length of service, whether continuous or aggregate, increases mid-year, this will result in a re-calculation of their annual leave entitlement based on completed months on the new and old lengths of service to give the full year entitlement it is not necessary to wait until the commencement of the new leave year for the increase to take effect. In cases where the anniversary date occurs mid-month, the leave entitlement will be recalculated from the 1 st of the month following the anniversary date. 6.6 Calculation of entitlement for employees on Annualised Hours contracts Where staff are employed on annualised hours contracts, their annual leave entitlement is calculated on the basis of their average weekly hours, i.e. annual contracted hours divided by weeks per annum. This figure will be used to determine the leave entitlement as stated in Tables 3 and Entitlement for Zero Hour contracts Employees employed on zero hour contracts are entitled to annual leave as laid down by the Working Time Regulations. The employee s statutory entitlement to paid annual leave equates to one hours leave for every 8.5 hours worked up to a maximum of 28 days per annum (inclusive of bank holidays). 7. General Public Holidays (Bank Holidays) A General Public Holiday shall be defined as a period of normal duty that starts within the period of 24 hours from midnight to midnight. 5 of 16 (Date for review 17 July 2020)

6 The 8 General Public Holidays in the year are: Christmas Day Boxing Day Good Friday Easter Monday Spring Bank Holiday May Day August Bank Holiday New Years Day All employees are entitled to the above eight paid General Public Holidays (Bank Holidays) in the leave year. In the case of part time staff, this will be a proportionate number of Bank Holiday hours based on their basic weekly contracted hours, even where public holidays do not fall on their usual day(s) of work. Table 3 identifies the actual hours entitlement pro rata, both on a per bank holiday basis and also for the total leave year. The total leave entitlement is calculated by adding the annual leave entitlement as per Table 2 to the Bank Holiday hour s entitlement as per Table 3. On each and every occasion an employee takes paid time off on a Bank Holiday as part of their basic week (with the exception of when a bank holiday falls on a rest day), the appropriate deduction of their normal basic working hours for that day will be made from their overall entitlement (i.e. Tables 2 and 3 combined). It is suggested, in the case of employees who are never required to work on any Bank Holidays that fall on a normal working day, that at the beginning of the leave year, Managers and staff may find it helpful to make the appropriate total Bank Holidays deduction (using Table 3) so that the balance of leave entitlement is identified and recorded. Clearly, this deduction cannot be made if the employees working days vary. Part time employees may request to change their days of working during a Bank Holiday week and this would normally be accommodated, except in exceptional circumstances subject to operational requirements. Therefore, they would retain their leave entitlement in respect of the Bank Holiday. This can then be taken as time off at another time. There will be some years when more (or less) than eight Bank Holidays fall within the leave year simply because Bank Holidays follow the calendar year and the Easter Bank Holidays can be in March or April. When this situation arises the appropriate hours adjustment i.e. plus or minus, will need to be made using the final column of Table 3. Lieu time occurs when an employee s leave card shows a deduction for public holidays which are then subsequently worked by the individual. Where this occurs, the annual leave record should be amended to credit the time worked on the public holiday. The actual amount of lieu time is dependent upon the original deduction and the actual hours worked: Where an employee works less hours than the original deduction, the lieu time owed would be the lower amount, unless the deficit in hours is worked in the remaining days of that week. Where the employee works more hours than the original deduction, the lieu time would be the amount of hours as per the original deduction. The remaining hours would either be paid as extra hours/overtime, or their remaining hours for the week should be reduced accordingly. 7.1 Arrangements for general and public holidays over the Christmas and New Year periods The Trust follows the guidance contained in Annex Y of the Agenda for Change Terms and Conditions, which specifies the arrangements for public holidays over the Christmas and New Year periods. Table 23 of the terms and conditions relates to the arrangements for 6 of 16 (Date for review 17 July 2020)

7 when these holidays fall on a weekend a copy of the guidance is contained in Tables 4, 5 and 6 of this policy. 8. Carry-over of leave The Trust expects that within the annual leave year staff should be provided with the opportunity to take all their annual leave. In exceptional circumstances where staff have been prevented from taking their leave due to service demands, then up to a maximum of one week of basic contracted hours may be carried over to the following year, with the agreement of the Manager. Any remaining entitlement beyond this amount may only be paid in exceptional circumstances where the employee can provide evidence to show that they have been prevented from taking leave due to service demands. A discussion should be held with the manager to determine whether this is applicable. 9. Sickness occurring during annual leave or bank holidays If an employee falls sick whilst on annual leave and provided the Trust s Attendance Management reporting procedure has been followed and they fulfil the conditions stated below, then the period covered will be treated as sick leave, allowing the employee to take the annual leave at another time. Employees who are ill during a period of annual leave will only receive replacement holiday on their return to work if they fulfil the following conditions: a) The total period of sickness must be fully certified by a qualified medical practitioner where it exceeds seven days. Where the total period does not exceed seven days, a self-certificate must be submitted upon their return to work. b) The employee must contact their line manager on their first day of sickness. c) On the first day back at work, the employee must submit a written request setting out how much of their holiday period was affected by sickness and the amount of leave that they wish to take at another time. d) If the employee is overseas when they fall ill or are injured, evidence must still be produced that they were ill, in the form of a medical certificate or proof of a claim on an insurance policy for medical treatment received at the overseas location. In accordance with Agenda for Change Terms and Conditions, employees will not be entitled to an additional day off if sick on a Bank Holiday that they would otherwise have been required to work as part of their basic week. 9.1 Long Term Absence and annual leave Employees continue to accrue annual leave during periods of long term sickness. Employees that have been prevented from taking annual leave due to long term absence are entitled to carry forward their statutory annual leave entitlement (four weeks inclusive of general public holidays) into the next financial year where this can be directly attributed to their period of sickness. This entitlement will be calculated on a pro rata basis for part-time staff. It is expected that any carried forward annual leave is taken within the next financial year. Where an employee has entered a half-pay or even nil-pay situation, they may find it beneficial to request to convert a period of their absence to annual leave in order to enjoy a limited return to full-pay for the duration of their annual leave period. Such requests will be at the agreement of the Manager and should be made in sufficient time to allow the period of leave to be taken prior to the end of the annual leave year. 7 of 16 (Date for review 17 July 2020)

8 Where an employee does not return to work prior to their employment ending (voluntary or otherwise), the annual leave accrued during their long term absence will be converted to a monetary value and paid to them on the termination of employment. 10. Annual leave during maternity, paternity and adoption leave Employees continue to accrue annual leave including Bank Holidays during periods of maternity, paternity or adoption leave. Employees are encouraged to take any accrued annual leave prior to commencement of maternity, paternity or adoption leave. Any leave accrued during this period can be added onto the end of the maternity, paternity or adoption leave and taken before an employee returns to work. 11. Annual leave during suspension Employees who are suspended from work will continue to accrue annual leave during the period of suspension. Employees should ensure that they are contactable during the period of suspension, however they are able to submit requests for annual leave as normal and as if they had been at work. Where annual leave is approved, this will be deducted from the employee s annual leave entitlement for that year. Where an employee s suspension spans more than one annual leave year and they have outstanding annual leave from the previous year, carry-over of leave will be approved in accordance with the Trust s Annual Leave Policy, i.e. a maximum of one working week. 12. Entitlement on leaving Staff who leave the Trust will receive 1/12th of their annual leave entitlement, as per Table 2, for each complete calendar month worked in the current leave year, less any annual leave taken, plus the benefit of any outstanding Bank Holiday hours for Bank Holidays that have occurred in the leave year prior to the date of leaving. (Table 3) Annual leave entitlement for part years can be calculated using Tables 2 and 3 but this must be pro rata to the number of complete months worked in the current leave year, up to the termination date. Annual leave is calculated based on 1/12 th for each complete calendar month. The Bank Holiday hours entitlement will not be based on a 1/12 th basis this will be calculated according to the number of Bank Holidays having fallen in the current leave year, up to the termination date. Payment will be made for annual leave accumulated for each complete calendar month worked in the year, less any annual leave taken. Where total leave taken exceeds the accrued total leave entitlement, an appropriate deduction will be made from final monies. 8 of 16 (Date for review 17 July 2020)

9 13. Monitoring and Compliance The following processes will be monitored for compliance as outlined in the table below. monitoring identifies deficiencies an action plan will be produced. Where Process reference Section 5.1 Process Line Managers are responsible for the calculation and monitoring of annual leave for their staff. They should ensure that leave cards are up to date and renewed annually and that annual leave entitlement is reviewed as being correct upon renewal of the card. Lead auditor Scrutiny Frequency (job title) Committee N/a N/a annually Section 5.3 The Workforce Department will monitor any grievances raised in relation to entitlement to annual leave. Workforce Lead ER Advisor Workforce & Education Senior Management Team Trust Board Monthly Quarterly 9 of 16 (Date for review 17 July 2020)

10 Table 2 Appendix 1 Agenda for Change: Annual Leave Entitlement For Complete Years Exclusive Of Bank Holidays Weekly Basic On After 5 After 10 Contracted Appointment Years Years Hours Service Service 27 Days 29 Days 33 Days Hours Equivalent: The Formula is Weekly Contracted Hrs X No. of Days Entitlement 5 10 of 16 (Date for review 17 July 2020)

11 Table 2 Agenda For Change: Annual Leave Entitlement For Complete Years Exclusive Of Bank Holidays Weekly Basic On After 5 After 10 Contracted Appointment Years Years Hours Service Service 27 Days 29 Days 33 Days Hours Equivalent: The Formula is Weekly Contracted Hrs X No. of Days Entitlement 5 11 of 16 (Date for review 17 July 2020)

12 Table 3 Agenda for Change: Calculation of Bank Holiday Entitlement Weekly Basic Contracted Hours Hourly Entitlement For Full Leave Year Hourly Entitlement On Each Bank Holiday As It Occurs (8 Bank Holidays) The Formula is Weekly Contracted Hrs X No. of Days Entitlement 5 12 of 16 (Date for review 17 July 2020)

13 Table 3 continued Agenda for Change: Calculation of Bank Holiday Entitlement Weekly Basic Contracted Hours Hourly Entitlement For Full Leave Year Hourly Entitlement On Each Bank Holiday As It Occurs (8 Bank Holidays) The Formula is Weekly Contracted Hrs X No. of Days Entitlement 5 13 of 16 (Date for review 17 July 2020)

14 Table 4 Agenda for Change When Christmas Day falls on a Friday Where 25 December falls on a Friday Friday 25 December Saturday 26 December Sunday 27 December Monday 28 December Friday 1 January a Sunday apply. Except that any employee working on 25, 26 and 28 December will be entitled to two public holidays. Any employee working on all four of these days will be entitled to a maximum of two public holidays and payment for Sunday working. Table 5 Agenda for Change When Christmas Day falls on a Saturday Where 25 December falls on a Saturday Saturday 25 December Sunday 26 December Monday 27 December Tuesday 28 December Saturday 1 January Sunday 2 January Monday 3 January a Sunday apply. Except that any employee working on 25, 27 and 28 December will be entitled to a maximum of two public holidays. Any employee working on 25, 26 and 27 December or on 26, 27 and 28 December or on all four of these days will be entitled to a maximum of two public holidays and payment for one Sunday. Except that an employee working on 1 and 3 January will be entitled to a maximum of one public holidays. Any employee working on all three of these days will be entitled to one public holiday and payment for one Sunday. 14 of 16 (Date for review 17 July 2020)

15 Table 6 Agenda for Change When Christmas Day falls on a Sunday Where 25 December falls on a Sunday Saturday 24 December The normal provisions for work on a Saturday apply. Sunday 25 December Monday 26 December Tuesday 27 December Sunday 1 January Monday 2 January Any employee working on all three of these days will be entitled to a maximum of two public holidays and payment for one Sunday. Except that any employee working on both of these days will be entitled to a maximum of one public holiday and payment for one Sunday. 15 of 16 (Date for review 17 July 2020)

16 Table 7 Medical and dental staffing Annual Leave Entitlement Staff Group Entitlement on appointment to grade Criteria for increase to entitlement Public Holidays Extra Statutory Days Total (Full Time Equivalent) Weeks Days Consultants and SHDOs 6 weeks Additional 2 days following 7 years as an NHS consultant (6.4 weeks) weeks Then: 6.8 weeks 32 days + 8 Then 34 days + 8 Associate Specialists (2008 and pre contract) 6 weeks No increase applicable weeks 32 days + 8 Speciality Doctors 5 weeks (or 6 weeks for those who have held this entitlement in an appointment immediately prior to appointment at this grade) Increase to 6 weeks after 2 years in the grade or equivalent service weeks Then: 6.4 weeks 27 days + 8 Then 32 days + 8 Staff Grades (old contract) 5 weeks (or 6 weeks for those who have held this entitlement in an appointment immediately prior to appointment at this grade) Increase to 6 weeks after 2 years in the grade or equivalent service weeks Then: 6.4 weeks 27 days + 8 Then 32 days + 8 Junior Medical Staff GP Reg, Trust Reg, (MN25 and MN37) Junior Medical Staff F1, F2, Trust Doctor Agenda for Change 5 weeks (on minimum, 1 st or 2 nd increment) Increase to 6 weeks once they have reached the 3 rd increment higher 5 weeks No increase applicable 27 days Increase to 29 days after 5 years of service. Increase to 33 days after 10 years of service weeks Then: 6.4 weeks 27 days + 8 Then 32 days weeks 27 days weeks 5.8 weeks 6.6 weeks 27 days days days of 16 (Date for review 17 July 2020)