Annual Leave (Medical Staff)

Transcription

1 Annual Leave (Medical Staff) Target Audience Who Should Read This Policy All Medical Staff Version 1.0 October 2016

2 Ref. Contents Page 1.0 Introduction Purpose Objectives Process Application for Annual Leave Entitlement Statutory Days Notice of Annual Leave Leave Year Extended Period of Annual Leave Popular Periods of Leave Additional Annual Leave Cover for Routine and Emergency Duties Sickness Occurring During Annual Leave or Bank Holidays Entitlement on Changing Contracted Hours Entitlement on Leaving Death during Service Procedures connected to this Policy Links to Relevant Legislation Links to Relevant National Standards Links to other Key Policies References Roles and Responsibilities for this Policy Training Equality Impact Assessment Data Protection and Freedom of Information Monitoring this Policy is Working in Practice 12 Appendices 1.0 Annual Leave Request Form 13 Version 1.0 October 2016

3 Explanation of terms used in this policy Annual Leave - Paid leave from duties which is in line with employed terms and conditions of employment Leave Year - The annual leave year runs from 1 st April to 31 st March Policy - sets out the aims and principles under which services, divisions, or units will operate. A policy outlines roles and responsibilities, defines the scope of the subject covered, and provides a high level description of the controls that must be in place to ensure compliance Annual Leave - Paid leave from duties which is in line with employed terms and conditions of employment Version 1.0 October

4 1.0 Introduction The policy is to ensure that the leave of medical staff is managed in a consistent and effective manner across the Trust and to provide local guidance on annual leave arrangements for all Medical staff governed by national or other locally agreed Terms and Condition s of Service. 2.0 Purpose The purpose of this policy is to ensure that all managers and staff are aware of the parameters in which medical staff book annual leave and to confirm the contractual entitlement. 3.0 Objectives The principle objectives are to: Set out the principles of booking annual leave Set out medical practitioners contractual entitlements to leave Ensure that all medical staff are able to book their annual leave at times to suit their personal circumstances Take into account the needs of their colleagues; the continuation of service and to provide clinical safety at all times by ensuring adequate levels of manpower 4.0 Process Where leave with pay is granted (with the exception of annual leave) Medical staff must not undertake any other form of paid work during this leave without the Trusts permission to do so. Medical staff are able to work during periods of paid annual leave; however this should not result in breach of the minimum rest requirements set out in the Working Time Regulations. Where medical staff work for more than one organisation, it is expected that leave is requested and agreed by all organisations concerned. This is the responsibility of the Medical staff. 4.1 Application for Annual Leave Application for Annual Leave less than 5 days must be submitted to the appropriate Line Manager at least 10 days before the required date(s) unless in exceptional circumstances. All applications for Annual Leave of more than 5 days must be submitted to the appropriate Line Manager at least 4 weeks before the required dates unless in exceptional circumstances. Any application for extended leave over 20 working days must be submitted to the appropriate Line Manager at least 6 weeks prior to the required leave period and will be granted in exceptional circumstances only. Staff are advised that before booking any holiday accommodation they should check that their request for Annual Leave has been approved. Line Managers should ensure continuity of service during holiday periods. Requests for unpaid leave will only be considered once the annual leave entitlement Version 1.0 October

5 has been exhausted. Applications for annual leave should be made on the application for leave form reproduced at Appendix 1. If the leave is agreed, then the application form will be appropriately signed, and forwarded to the respective Clinical Director who will record on the personal file. An up to date copy must be retained by the line manager. When leave has been agreed, the line manager's secretary should immediately inform the relevant departments and wards within the Trust using an appropriate distribution list. The Clinical Director will keep a record of all Medical Staff annual leave within their Divisions/ service areas. 4.2 Entitlement Medical staff are entitled to the following paid annual leave per year exclusive of public holidays and extra statutory days (pro rata for part-time staff). Consultants Specialty Doctors/Associate Specialists (SAS) Doctors in Training (ST/GP/CT) 33 days including 2 days statutory and an additional 1 day agreed the Trusts local arrangements. Additional two days for those consultants who have in excess of 7 years completed service in the grade. 33 days including 2 days statutory and an additional 1 day agreed the Trusts local arrangements. 27 days per annum rising to 32 days per annum for those on the third incremental point or above on the training pay scale. For all Medical staff the leave year runs from the anniversary date of appointment to the Trust or its anniversary date for those who are on the maximum scale. This can also be adjusted to a common start date so long as there is no detriment. Permission to carry over some annual leave from one year to the next can be granted by the Clinical Director. The maximum of 5 working days in exceptional circumstances Calculation of Annual Leave Annual leave entitlement is determined in hours for all staff regardless of whether they are 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. Annual Leave entitlement is calculated using the following formula: Version 1.0 October

6 Weekly Contracted Hours x No. of Days Entitlement 5 The Human Resources Department have an electronic Annual Leave Calculator. You can contact the department to request such, should you require this. It is expected that annual leave will be taken in periods of not less than ½ days / 4 hours. 4.3 Statutory Days The 8 General Public Holidays in the Year that medical staff are entitled to under this policy are: Christmas Day Boxing Day New Year s Day Good Friday Easter Monday May Day Spring Bank Holiday Late Summer Bank Holiday When a General Public Holiday falls on a Saturday or Sunday, the following Monday or Tuesday is designated as a General Public Holiday for leave purposes. The contractual entitlements of medical staff in both the Terms and Conditions of Service NHS Medical and Dental Staff (England) (TCS) or the new Consultant Terms of Service (TS) stipulate the basic annual leave entitlement is exclusive of public holidays and statutory days. Those medical staff who are rostered on-call between the hours of midnight and 9.00am on a statutory or public holiday should receive 1 day off in lieu. 4.4 Notice of Annual Leave All Divisions require notice of the intention to take leave. Arrangements to take leave should not be made until approval has been confirmed: normally within five working days. 4.5 Leave Year For all Medical staff the leave year runs from the anniversary date of appointment to the Trust or its anniversary date for those who are on the maximum scale. This can also be adjusted to a common start date so long as there is no detriment. 4.6 Extended Period of Annual Leave An employee may wish to or need to take an extended period of annual leave and therefore may request this from their line manager. If the individual has an extensive leave request they have an option to take part of the extended leave as unpaid to ensure that the allocated annual leave for the remainder of the year is not exhausted. The manager should seek to ensure that the leave is planned and taken evenly over the respective leave year. 4.7 Popular Periods of Leave The Trust recognises that all staff will require annual leave and that certain periods of time will be more popular than others e.g. school holidays, Christmas and Bank Holiday weeks. It is imperative that fair treatment and the opportunity to have these popular periods of time, is equal to all staff. On occasion there may be a business need to refuse the request for annual leave i.e. continuation of service provision. Managers have a responsibility to ensure that the normal service levels are maintained throughout any periods of staff leave. Version 1.0 October

7 Individual responsibility: It is up to the individual to ensure that their annual leave is planned and taken at regular intervals throughout the leave year. Line Managers responsibility: It is up to the line manager to monitor and ensure that individuals are taking their annual leave at regular intervals. However, staff may feel that their request has been unreasonably refused and should be referred to the Grievance Procedure for resolution, if such issues cannot be resolved informally. 4.8 Additional Annual Leave An employee may request up to two weeks additional annual leave pro rata. Please refer to the Trust s Annual Leave Policy (Purchasing annual Leave) section Cover for Routine and Emergency Duties Leave is approved subject to satisfactory arrangements having been made for the doctor s work to be covered. The doctor taking leave should identify the arrangements for the care of any on-going, new or emergency patients. This cover should be provided within existing medical structures. Written and agreed arrangements that are routinely applied during leave periods and should be developed and shared with appropriate staff groups Sickness Occurring During Annual Leave or Bank Holidays If an employee falls sick whilst on annual leave and where a certificate is provided, the period covered will be treated as sick leave, allowing the employee to take the annual leave another time. Should an employee fall sick on a general public holiday they will not be able to claim this day back. Normal carry over of leave to the following year will apply in accordance with section 4.9 of the Trust s Annual Leave policy and section of the Trust s Managing Attendance policy 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 Entitlement on Leaving Staff who leave the Trust will be entitled to the pro rata of their annual leave entitlement for each complete month worked in the current year. Where possible an employee will be expected to use any outstanding annual leave prior to leaving the Trust, however in cases where this is not possible then payment will be made for any outstanding annual leave. Where annual leave taken exceeds the entitlement an appropriate deduction will be made from final monies Death during Service Where 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 Version 1.0 October

8 salary payment should be made in respect of annual leave taken in excess of entitlement on the date of death. 5.0 Procedures connected to this Policy There are no standard Operating Procedures currently connected to this policy. 6.0 Links to Relevant Legislation Working Time Regulations 1998 The Working Time Regulations 1998 implements the EU Working Time Directive These Regulations govern the time that people in the UK may work. The Regulations apply to all workers (not just employees) and stipulate minimum rest breaks, daily rest, weekly rest and the maximum average working week. Part Time Workers Regulations 2000 The Regulations give part-time workers the right in principle not to be treated less favourably than full-time workers of the same employer who work under the same type of employment contract. In addition a right is given to workers who become parttime or, having been full-time, return part-time after absence, to be treated not less favourably than they were before going part-time. Employment Right Act 1996 Employment Rights Act 1996 came into force on 22 August It sets out the statutory employment rights of workers and employees. If these employment rights are breached, the Employment Rights Act 1996 gives the Employment Tribunals powers to order compensation to workers and employees. Health and Safety at Work Act 1974 This Act is the major piece of health and safety legislation in Great Britain. The Act introduced a comprehensive and integrated system to deal with workplace health and safety and the protection of the public from work activities. The Act places general duties on employers, employees, self-employed, manufacturers and importers of work equipment and materials. Responsibilities are placed to produce solutions to health and safety problems, which are subject to the test of reasonable practicability. Various regulations are made under the Act, which have the same scope, many of these evolving from European Directives, which enables the potential to achieve clear and uniform standards. 6.1 Links to Relevant National Standards Terms and Conditions of Service NHS Medical and Dental Staff (England 2002) This sets out the terms and conditions of service of hospital medical and dental staff and doctors and dentists in public health and the community health service in England. 6.2 Links to other Key Policies Grievance and Disputes Policy This policy aims to encourage full and open communication between managers and Version 1.0 October

9 employees with the aim of resolving any concerns quickly and as near to the source as possible. This policy has been developed to give guidance on the procedure to be adopted where early action to resolve an issue has failed and a grievance has developed. Special Leave Policy This policy has been developed to provide an operational framework through which managers will respond to requests from employees requiring Special Leave. All reasonable efforts should be made to facilitate and accommodate such requests where such arrangements are practicable and workable. Managing Attendance Policy The aim of this policy is to provide a supportive framework in which sickness absence is managed ensuring adherence with relevant legislation. Annual Leave Policy The aim of the policy is to provide a uniform and equitable approach to the calculation of annual leave and bank holidays entitlements. A key principal is that to encourage appropriate work life balance employees should plan to take their full entitlements wherever practicable to do so year on year. 6.3 References Terms and Conditions of Service NHS Medical and Dental Staff (England 2002): eward/terms_and_conditions_of_service_nhs_medical_and_dental_staff_ _bt.pdf Version 1.0 October

10 7.0 Roles and Responsibilities for this Policy Title Role Key Responsibilities Medical Staff Adherence - Ensure they are aware of the standard of work and conduct required of them and to work with them in the application of this policy Clinical Director Medical Local Negotiating Committee (MLNC) Human Resources - Operational Team Head of HR Medical Director Implementation Responsible Expert Advice, Support Support Executive Lead - Ensure that their staff know the standards of work and conduct required - Ensure that adequate training is given - Ensure that staff are kept informed of their progress in meeting the required standards - Responsibility for final approval of the policy - Develop and agree action plans to address any issues or areas of concern identified - Provide advice to both staff and managers in the application of the policy - Monitor and advise to ensure that decisions are consistent and fair - Review the policy in light of changes in legislation/ case law, partnership with the Terms and Conditions of Service NHS Medical and Dental Staff (England) September 2002 V.10 - Support the Chief Executive and the Medical and Clinical Director - Ensure that effective procedures, systems and guidance are implemented - Ensure the policy is implemented in accordance with the Trust Board s strategic interests and concerns Chief Executive Accountable - Overall responsibility for ensuring that this policy is implemented within the Trust Version 1.0 October

11 8.0 Training What aspect(s) of this policy will require staff training? There is no specific requirement for staff to receive training in relation to this policy Which staff groups require this training? n/a Is this training covered in the Trust s Mandatory and Risk Management Training Needs Analysis document? No, staff will receive specific training in relation to this policy where it is identified in their individual training needs analysis as part of their development for their particular role and responsibilities If no, how will the training be delivered? Further guidance on the application of this policy and associated procedures can be obtained from Human Resources Operational HR Who will deliver the training? How often will staff require training n/a n/a n/a Who will ensure and monitor that staff have this training? 9.0 Equality Impact Assessment Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext or EqualityImpact.assessment@bcpft.nhs.uk 10.0 Data Protection and Freedom of Information This statement reflects legal requirements incorporated within the Data Protection Act and Freedom of Information Act that apply to staff who work within the public sector. All staff have a responsibility to ensure that they do not disclose information about the Trust s activities in respect of service users in its care to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. Version 1.0 October

12 11.0 Monitoring this Policy is Working in Practice What key elements will be monitored? (measurable policy objectives) Leave entitlement set up as appropriate Where described in policy? Section 4.0 How will they be monitored? (method + sample size) Who will undertake this monitoring? HR Business Partner How Frequently? Annually Group/Committee that will receive and review results Medical Local Negotiating Committee (MLNC) Group/Committe e to ensure actions are completed Medical Local Negotiating Committee (MLNC) Evidence this has happened Minutes of the Group meeting Carry over of leave implemented in line with policy Section 4.2 End of year carry over requested by finance HR Business Partner Annually Medical Local Negotiating Committee (MLNC) Medical Local Negotiating Committee (MLNC) Minutes of the Group meeting Any leave in excess of 3 weeks is signed off appropriately Section 4.6 HR Business Partner Annually Medical Local Negotiating Committee (MLNC) Medical Local Negotiating Committee (MLNC) Minutes of the Group meeting Version 1.0 October

13 Appendix 1 ANNUAL LEAVE REQUEST FORM (Please forward to your respective Clinical Director for recording purposes) PERSONAL DETAILS Name: Job Title:. Division/Location: Grade: ANNUAL LEAVE REQUEST I wish to apply for annual leave as follows: Dates: From: To:. (inclusive) Total days: I have already taken.. days annual leave in this current year. The following arrangements have been made to cover duties during this period of absence: Name of Cross Cover Doctor: (Block Capitals) Signature of Cross Cover Doctor:. Date:.. APPROVAL I support this application for annual leave. Signed:. Date: (APPLICANT) Signed:. Date: (CONSULTANT SUPERVISOR/CLINICAL DIRECTOR) Print Name:.. Version 1.0 October

14 Policy Details Title of Policy Unique Identifier for this policy State if policy is New or Revised Annual Leave Policy (Medical Staff) BCPFT-HR-POL-21 New Previous Policy Title where applicable Policy Category Clinical, HR, H&S, Infection Control etc. Executive Director whose portfolio this policy comes under Policy Lead/Author Job titles only Committee/Group responsible for the approval of this policy Month/year consultation process completed * N/A Human Resources Medical Director Head of Operational Human Resources Medical Local Negotiating Committee (MLNC) August 2016 Month/year policy approved September 2016 Month/year policy ratified and issued October 2016 Next review date October 2019 Implementation Plan completed * Equality Impact Assessment completed * Previous version(s) archived * Disclosure status Yes Yes Yes B can be disclosed to patients and the public * For more information on the consultation process, implementation plan, equality impact assessment, or archiving arrangements, please contact Corporate Governance Review and Amendment History Version Date Details of Change 1.0 Oct 2016 New policy for BCPFT Version 1.0 October