To ensure a consistent process is in place to deal with Annual Leave matters in a constructive manner.
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1 ANNUAL LEAVE POLICY Document Summary To ensure a consistent process is in place to deal with Annual Leave matters in a constructive manner. POLICY NUMBER POL/004/015 DATE RATIFIED 1 March 2017 DATE IMPLEMENTED 1 March 2017 NEXT REVIEW DATE 1 March 2020 ACCOUNTABLE DIRECTOR POLICY AUTHOR Director of Workforce and OD HR Business Partners/Advisors Important Note: The Intranet version of this document is the only version that is maintained. Any printed copies should therefore be viewed as uncontrolled and, as such, may not necessarily contain the latest updates and amendments.
2 TABLE OF CONTENTS 1. Scope Introduction Statement of Intent Definitions Duties Line Managers All Staff Human Resources Department Trade union Representatives Occupational Health Procedure Applying for Annual Leave Line Managers 3 7. Entitlement General Public Holidays Pay During Annual Leave Calculation of Reckonable Service Entitlement on Joining the Trust Completion of 5/10 Years Service Entitlement on Leaving the Trust Carry Over of Leave Annual Leave/Sickness Absence Extended Annual Leave Unpaid Leave Religious Holidays and Annual Leave Death in Service Training Monitoring Compliance with this Policy References Bibliography Related Trust Policy/Procedures... 9 Annual Leave Policy Page 1 of 9 POL/004/015
3 1 SCOPE The purpose of this policy is to provide guidance to managers and staff on the calculation and application of annual leave and public holiday entitlements, ensuring that all staff take adequate rest away from work whilst maintaining the needs of the service. There are separate policies and procedures in place that should be referred to for further guidance on annual leave during other absences from work: Sickness Absence Disciplinary Time off in Lieu (TOIL) Flexible Working Annual Leave Guidelines (POL/0004/015) 2 INTRODUCTION This policy will apply to all staff employed by the Trust (with exception of medical staff for whom separate provisions apply.) 3 STATEMENT OF INTENT To ensure the Trust has a system in place to monitor employees annual leave. 4 DEFINITIONS Statutory time off from work is governed by employment rights and NHS Terms and Conditions. The annual leave year runs from 1 April until 31 March. Staff will receive the entitlement to paid annual leave and general public holidays. Annual Leave should be regarded as planned absence and as such Managers should plan for such absences and ensure that adequate cover is provided so that patient care is delivered seamlessly. 5 DUTIES 5.1 Line Managers Are responsible for ensuring effective and consistent application of this policy. The Manager must attempt to resolve issues on an informal basis and as quickly as possible. 5.2 All Staff All staff should be aware of this Policy and should aim to discuss and resolve issues informally with Manager whenever possible. Annual Leave Policy Page 2 of 9 POL/004/015
4 5.3 Human Resources Department HR will provide advice and support on case management and progression to ensure fair and equitable outcomes. 5.4 Trade Union Representatives Trade Union Representatives will advise and support employees in the use of this policy and will work in partnership with managers to achieve swift resolution of grievances. 5.5 Occupational Health Occupational Health will provide management advice in response to any referrals made in the course of managing this process. 6 PROCEDURE 6.1 Applying for Annual Leave Employees must ensure that all annual leave has been approved by their Manager before they take their leave. If an employee takes a period of annual leave without prior approval the Trust will consider that the employee has taken unauthorised absence and this may be unpaid. All requests for annual leave should be made on the individual s leave record card, giving as much notice as possible. Employees should not commit themselves to any holiday plans until they have received approval from their Manager or nominated deputy. 6.2 Line Managers The Manager must consider the request, taking into account the needs of the service and approach all requests in a fair and objective manner. If the manager cannot authorise the leave, the employee will be notified of their reason for the refusal. If any employee subsequently takes sickness absence after refusal of an annual leave request, this may result in disciplinary action being taken. If an employee is currently suspended from the workplace, annual leave can still be requested through their manager. If approved, it would be recognised that the employee would not be available during this period of agreed annual leave. Further guidance is available in the Disciplinary Policy. Annual Leave Policy Page 3 of 9 POL/004/015
5 Managers may determine how many staff may be allowed time off at any one time, bearing in mind the needs of the service. Therefore annual leave requests within specific teams may have local protocols in place which limit the number of team members that may be authorised to be absent at any given time. 7 ENTITLEMENT The annual leave year runs from 1 April to 31 March. An employee s annual leave entitlement is determined by the length of aggregated NHS service, with leave entitlement increasing on completion of five and ten years aggregated service. Note: Within the scope of this policy, NHS staff are considered to be those who have an entitlement to join the NHS Pension Scheme. LENGTH OF SERVICE On Appointment After 5 years service in the NHS After 10 years service in the NHS Annual Leave and General Public Holidays 27 days + 8 days 29 days + 8 days 33 days + 8 days The above table does not apply to BMA contract holders who should refer to their contract of employment. The Trust s Policy is to calculate annual leave entitlements in hours not days for all staff regardless of whether the employee is full-time or part-time. The benefit for all employees in calculating entitlement in hours is that this ensures equity for all by ensuring staff who work variable hours/shifts do not receive more or less than colleagues who work a standard working pattern. The calculation of annual leave entitlements pertaining to all staff as contained on Annual Leave guidelines, Appendix 1 and have been rounded up or down to the nearest ½ hour. In addition to their annual entitlement employees will be entitled to 8 paid General Public Bank Holidays. In the case of part-time staff this entitlement is pro-rata to the full time allowance of 8 bank holidays. The calculation of this entitlement will be proportional to the number of basic contracted hours worked. (Note:- if there is a variation to the standard bank holiday entitlement further guidance will be provided) Bank Holiday entitlements are contained in Annual Leave guidelines Table 3. To calculate an employee s total leave entitlement inclusive of Bank Holidays Tables 2 and 3 should be added together (see Annual Leave Guidelines). Annual Leave Policy Page 4 of 9 POL/004/015
6 8 GENERAL PUBLIC HOLIDAYS A general public Bank Holiday shall be defined as a period of normal duty that starts within the period of 24 hours from midnight to midnight. Employees will be entitled to all paid General Public Bank Holidays in the leave year. All part-time staff are entitled to the Bank Holidays pro rata to the full time allowance. The Trust recognises the following 8 bank holidays:- Christmas Day New Year s Day Easter Monday Spring Bank Holiday Boxing Day Good Friday May Day August Bank Holiday On each and every occasion an employee takes paid time off on a Bank Holiday as part of their basic week, the appropriate deduction of their normal basic working hours for that day will be made from their overall entitlement i.e. table 2+3 combined an example can be found in Annual Leave Guidelines. There may be occasions when staff are required to work a statutory Bank Holiday. The approved time worked will therefore be re-added to their holiday entitlement. 9 PAY DURING ANNUAL LEAVE Pay during annual leave will include regularly paid supplements including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements. Pay is calculated on the basis of what the individual would have received had they been at work. 10 CALCULATION OF RECKONABLE SERVICE An employee s previous service with a NHS Employer will count as Reckonable Service in respect of annual leave. Annual leave does not apply to individuals providing services via a Locum Agency or Bank Workers. 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. 11 ENTITLEMENT ON JOINING THE TRUST All new members of staff will be entitled to annual leave plus Bank Holidays in the year of joining on a pro-rata basis. Entitlement in the first year is dependent on the number of complete calendar months worked after the date of joining and before the end of the annual leave year. Annual Leave Policy Page 5 of 9 POL/004/015
7 The Trust will allow employees who commence up to the first Monday if it falls on a Bank Holiday in a calendar month to receive the full annual leave entitlement in respect of that calendar month. Employees who join after the first Monday in a calendar month will not receive leave entitlement for this part 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 / th 12 for each complete calendar month subject to the terms of the paragraph above. Bank Holiday entitlement will also be calculated on a pro rata basis subject to the terms of the paragraph above. If an employee has insufficient Bank Holiday hours to cover Bank Holidays that fall on working days during the remainder of the annual leave year, the balance required will need to be taken from annual leave entitlement. Employees who wish to have previous NHS service counted as reckonable service will need to provide appropriate evidence to their Manager on commencement of employment (e.g. contracts of employment, P60s etc). 12 COMPLETION OF 5/10 YEARS SERVICE DURING AN ANNUAL LEAVE YEAR Staff who complete either five or ten years service during an annual leave year and qualify for an increase in their annual leave entitlement shall be allowed the increased entitlement pro rata to the number of complete months remaining in the current annual leave year. For calculations see Annual Leave guidelines. 13 ENTITLEMENT ON LEAVING THE TRUST Staff who leave the Trust during an annual leave year will receive one twelfth of their annual leave entitlement for each complete calendar month worked in the current leave year. If the leaving date for a member of staff is seven or less days from the final calendar day of the month the member of staff will receive a full month of annual leave entitlement. It will be preferable that all outstanding leave is taken prior to leaving but where this is not possible for service reasons, payment can be made for any outstanding leave entitlement. Where an employee has taken more annual leave than their entitlement on leaving the Trust, an appropriate deduction will be made from final monies. Staff whose employment terminates following a period of long term sickness absence will be paid for the accrual of all untaken leave for the current leave year less any Bank holidays that fell during the sickness absence which will be deemed to have been paid and taken. Note: If the period of sickness absence extends from the previous leave year, guidance regarding carry forward leave is provided under 15 below. 14 CARRY OVER OF LEAVE Annual Leave Policy Page 6 of 9 POL/004/015
8 The Trust expects that within the annual leave year staff should be provided with the opportunity to take all their annual leave. The Trust therefore does not operate a carry over of leave arrangement. 15 ANNUAL LEAVE / SICKNESS ABSENCE If an employee falls ill whilst on annual leave, the Trust s notification of Sickness Absence Management Policy states: where sickness occurs during periods of annual leave, the member of staff must contact their Manager at the earliest opportunity on the first day of sickness. Only if this notification takes place and the period is covered by a Doctors Medical Certificate will the Manager give approval for annual leave to be rearranged to be taken at a subsequent date. Where a medical certificate is required, the cost will be borne by the employee. As per Sickness Absence policy, where an employee is away on leave/holiday during a period of sickness and therefore unavailable for meetings under this Trusts Management of Sickness Absence Policy, the leave will be deducted from their annual leave entitlement. Staff who are on long term sickness absence and accrue annual leave during that period will carry over untaken holiday into the next annual leave year in accordance with the minimum requirements of the Working Time Regulations 1998 (20 days per annum inclusive of bank holidays), pro rata for part time staff. Any annual leave taken during the previous leave year, including bank holidays, must be deducted from the 20 days (pro rata for p/t staff) carry over allowed in such circumstances prior to the actual entitlement being confirmed. Bank holidays do not accrue during sickness absences, i.e. they are deemed to have been taken. The Trust is committed to ensuring staff who have suffered from long term sickness absence are able to return to work by means of a phased return subject to Occupational Health Guidance. Where agreed, a phased return allows an individual to return at reduced hours/altered shifts without loss of contractual pay. A phased return can be for a period from one week but should last no longer than 4 weeks. If, in exceptional cases, a longer period is required then the individual may be required to cover unworked hours with annual leave, unpaid leave or consider flexible working on a temporary basis. Managers should ensure that phased return arrangements should be entered on ESR (Electronic Service Record). 16 EXTENDED ANNUAL LEAVE There may be occasions when an employee may wish or need to take extended periods of annual leave, i.e. in excess of three or more weeks at any one time. Annual Leave Policy Page 7 of 9 POL/004/015
9 Wherever possible, requests for extended leave should be made at least three months in advance to avoid potential disappointment. Before authorising such requests, managers will need to ensure that adequate cover is maintained in all departments in accordance with the needs of the service (and obtain authorisation from the Service/General Manager). In addition, the Manager should ensure that the individual has regular planned annual leave during the remainder of the annual leave year to avoid over tiredness. 17 UNPAID LEAVE There may be circumstances when it is appropriate for a Manager to allow an individual to take unpaid leave. For example: To enable an individual to take an extended period of annual leave If an employee has recently joined the Trust and already has a holiday booked for which they would not accrue sufficient paid annual leave in the current leave year Authorised unpaid leave requests should be entered on ESR. Staff wishing to purchase additional unpaid leave should refer to the Flexible Working policy. Staff should use flexi time if possible and use up any accrued time off in lieu (TOIL) prior to being authorised to take unpaid leave. 18 RELIGIOUS HOLIDAYS AND ANNUAL LEAVE The Trust will support request for time off during religious festivals, which are not covered by statutory public holidays. Staff must use their annual leave entitlement for this purpose and it is recommended that staff make their request for time off as soon as the dates are known in order to facilitate the effective planning of leave arrangements. Managers should keep in mind that some religious festivals are determined by the lunar calendar, and so fall at different times each year. Staff may not know too far in advance the dates they will wish to take as holiday later in the year. Managers will be expected to be sympathetic towards such requests and accommodate them where reasonable and practical. 19 DEATH IN SERVICE If an employee dies in service, an allowance equivalent to the balance of the annual leave entitlement on the date of death, calculated on a proportionate basis shall be paid to the employee s personal representative. No deduction from the final salary payment will be made in respect of annual leave taken in access of entitlement on the date of death. Annual Leave Policy Page 8 of 9 POL/004/015
10 20 TRAINING There is no mandatory training associated with this policy. Individuals training needs will be identified through annual appraisal and supervision. 21 MONITORING COMPLIANCE WITH THIS POLICY The table below outlines the Trusts monitoring arrangements for this policy/document. The Trust reserves the right to commission additional work or change the monitoring arrangements to meet organisational needs. Aspect of compliance or effectiveness being monitored Monitoring method Individual responsible for the monitoring Frequency of the monitoring activity Group / committee which will receive the findings / monitoring report Group / committee / individual responsible for ensuring that the actions are completed Annual leave is managed and administered appropriately in line with the policy; Annual Leave Records include; Annual leave card Audit of 20 random Annual leave Records Head of HR Annual TBC Director of Performance Improvement 22 References/ Bibliography Working Time Regulations RELATED TRUST POLICY/PROCEDURES The following Trust procedural document is cross referenced:- Sickness Absence Management Policy and Procedure Agenda for Change Time off in Lieu Policy (TOIL) Special Leave Policy Flexible Working Annual Leave Guidelines. Annual Leave Policy Page 9 of 9 POL/004/015
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