Date of Meeting: 15 th May Validation Date: 17/06/2014

Transcription

1 Document Type: PROCEDURE Title: Annual Leave Scope: Trust Wide Author/Originator and title: Eleanor Palmer-Rigby, HR Business Partner Lynne Bentham, Staff Side Chair Replaces: Version 4 Annual Leave excluding Medical and Dental Staff Corp/Pol/219 NHS Blackpool Local Policy on Annual Leave and Public Holidays March 2011 North Lancs TPCT Annual Leave Policy June 2009 Name Of: Divisional/Directorate/Working Group: HR Policy Forum Validated by: JNCC Unique Identifier: CORP/POL/219 Version Number: 5 Status: Ratified Classification: Organisational Responsibility: Human Resources Directorate Description of amendments: Amendments following capsticks review, but no amendments to entitlement. Policy harmonised Date of Meeting: 15 th May 2014 Validation Date: 17/06/2014 Ratified by: Ratified Date: Trust Management Team Meeting 26/06/2014 Review dates may alter if any significant changes are made Risk Assessment: Not Applicable Financial Implications Not Applicable Which Principles of the NHS Constitution Apply? Principle 3 Issue Date: 26/06/2014 Review Date: 01/05/2017 Does this document meet the requirements of the Equality Act 2010 in relation to Race, Religion and Belief, Age, Disability, Gender, Sexual Orientation, Gender Identity, Pregnancy & Maternity, Marriage and Civil Partnership, Carers, Human Rights and Social Economic Deprivation discrimination? Initial Assessment

2 CONTENTS 1 PURPOSE SCOPE POLICY Responsibilities Managers Individuals Annual Leave Year Entitlement and Calculation Calculation of Annual Leave Incorrect Allocation of Annual Leave Term Time Only Calculation of NHS Service Joining and Leaving the Trust Payment in Lieu Death in Service Management of Annual Leave Unpaid Leave Extended Periods of Annual Leave Sickness during Annual Leave Changes to Contractual Arrangements Public Holidays Emergency Cover ATTACHMENTS ELECTRONIC AND MANUAL RECORDING OF INFORMATION LOCATIONS THIS DOCUMENT ISSUED TO OTHER RELEVANT/ASSOCIATED DOCUMENTS SUPPORTING REFERENCES/EVIDENCE BASED DOCUMENTS CONSULTATION WITH STAFF AND PATIENTS DEFINITIONS/GLOSSARY OF TERMS AUTHOR/DIVISIONAL/DIRECTORATE MANAGER APPROVAL... 8 Appendix 1: Table 1 - Agenda For Change: Annual Leave Entitlement For Complete Years Exclusive Of Bank Holidays... 9 Appendix 2: Table 2 - Agenda For Change: Calculation Of Bank Holiday Entitlement Appendix 3: Annual Leave Entitlement Summary Appendix 4: Equality Impact Assessment Form Page 2 of 16

3 1 PURPOSE The purpose of this policy is to provide Managers and employees with guidance on the application and management of all annual leave and bank holiday entitlements and to ensure that all staff take adequate rest away from work while maintaining the needs of the service. Annual leave is an important part of the contract of employment and supports staff in achieving a balance between their work and home life. In addition, all employees working in the United Kingdom have a right under legislation to a minimum entitlement to annual leave, however, all annual leave entitlements within NHS Agreements are significantly higher than those provided under legislation. 2 SCOPE This policy will apply to all staff employed on Agenda for Change Terms and Conditions with the exception of Bank Staff who are covered by the Working Time Directive. Staff employed on other agreements will be covered by the processes within this Policy, however in this case entitlements will be those defined within the relevant agreements in medical staffing contracts. 3 POLICY 3.1 Responsibilities Managers Line Managers have a responsibility to ensure that staff plan and take their annual leave within the leave year and to ensure that leave is appropriately recorded and authorised in line with service requirements. It is the managers responsibility to calculate annual leave and to communicate this to their staff Individuals It is the responsibility of staff to plan and request their leave in accordance with this Policy and the local arrangements for service delivery. Staff have the responsibility to check their annual leave entitlement calculation is correct in line with their length of service under Agenda for Change Terms and Conditions handbook. Staff should highlight any possible errors with their manager as soon as possible. 3.2 Annual Leave Year With the exception of Medical Staff, the annual leave year runs from 1 April 31 March. Staff should ensure that they take their full entitlement of annual leave in consultation and agreement with their Line Manager. For medical staff their annual leave year runs from the anniversary of the commencement date with the Trust, with the exception of Foundation Doctors. Foundation Doctors leave year runs from 1 st August and leave is portioned over each Page 3 of 16

4 rotation i.e. an entitlement of 9 days per rotation totalling 27 days per annum. 3.3 Entitlement and Calculation Annual Leave entitlement is in accordance with Agenda for Change, see Appendix 3 for a summary Calculation of Annual Leave The table used to calculate annual leave entitlement is contained in the Leave Calculation Table at Appendix 1. Annual leave is calculated and rounded up to the nearest 0.5 hours Incorrect Allocation of Annual Leave Where it has been identified staff have not received the correct annual leave entitlement the manger will re-calculate and the employee s annual leave record will be amended accordingly. Any additional annual leave to be awarded will be from within the current financial year only. Any annual leave owed to the Trust will be from the current financial year only Term Time Only Staff who are contracted to work Term Time Only will receive a pro-rata annual leave entitlement that will be paid with their regular salary. However it is essential that periods of annual leave are booked during the school holidays. Only in exceptional circumstances and for short periods of leave, will authorisation for annual leave be granted during the working term. Staff working term time only may work in schools where the term time equates to less than the 40 weeks they are contracted to work. In this instance staff must agree with their manager when the additional hours will be worked. All term time only staff must allocate all their annual leave periods at the beginning of the Annual Leave year and this will be authorised by the line manager. Where a member of staff is sick during non-working time, they will only be entitled to covert this to paid sickness absence during authorised annual leave periods. If this occurs, the annual leave entitlement will be re-allocated outside of term time. 3.4 Calculation of NHS Service Previous continuous service with an NHS employer will count towards service for annual leave purposes therefore where there is no break in service annual leave will be calculated from the continuous start date with the NHS. Where there is a break in NHS service, previous periods of service with other NHS employers will be considered as aggregated service and will count towards service for annual leave calculation on production of formal documentary evidence of completed years service. 3.5 Joining and Leaving the Trust Annual leave is accrued on a pro-rata basis, therefore in the year of joining and leaving the Trust, annual leave will be calculated on the basis of the number of complete calendar months in employment. Staff joining the Trust will therefore accrue annual leave on a prorata basis in the first year and those leaving the Trust will also accrue annual leave on a pro-rata basis in their final year. In this case annual leave for the whole year will be Page 4 of 16

5 divided by 12 and multiplied by the number of full months worked. However should this leave cross over a financial year the maximum amount of leave payable is 10 days (see Section 3.12). 3.6 Payment in Lieu Employees dismissed for disciplinary reasons will only be entitled to payment in lieu for completed calendar months. Only in exceptional circumstances will payments be made for other reasons. 3.7 Death in Service Where an employee dies in service, a payment equivalent to the balance of the annual leave entitlement at the date of the death, calculated on a proportionate basis, shall be paid to the employee s estate. There will be no deduction from the final salary for any annual leave taken in excess of entitlement. 3.8 Management of Annual Leave Authorisation for annual leave is at the discretion of the line manager who will consider the request in line with service requirements and requests from other members of staff. A manager is entitled to refuse a request if there is inadequate cover To allow line managers to make alternative arrangements, annual leave should be requested 8 weeks in advance where possible. Request for leave at short notice can be agreed providing that there is no disruption to service delivery Holiday arrangements should not be made prior to the receipt of authorisation. Deposits for holidays may be lost and this is the sole responsibility of the member of staff Managers must ensure that appropriate arrangements are in place to facilitate a spread of annual leave throughout the year, which meets the needs of the service. In most cases this will mean defined maximum numbers of staff on annual leave within teams. In normal circumstances staff will book their own leave, however in exceptional circumstances minimum numbers of staff on annual leave may also be required, to ensure that all shifts are staffed adequately. In those cases managers will discuss those requirements with all staff concerned and reach agreement on the allocation of leave ensuring this is done fairly and with a minimum of 8 week s notice. 3.9 Unpaid Leave There may be occasions where an employee requests unpaid leave. This will be considered by the line manager and permitted in cases where the needs of the service are not compromised Extended Periods of Annual Leave In special circumstances, staff may request extended periods of annual leave, including unpaid leave e.g. four weeks leave at one time. Requests for extended leave will not be unreasonably refused but will also be considered in light of service requirements and arrangements for cover. Page 5 of 16

6 3.11 Sickness during Annual Leave On receipt of certification, which may include self-certification, the leave will stop at the date of certification. Any period exceeding seven calendar days must be established with a medical certificate. Staff will not be entitled to an additional day off if they are sick on a public holiday. Term Time Only employees will only be entitled to convert annual leave to sickness absence on dates that have been allocated and authorised as annual leave. If employees have been off long term sick and unable to take annual leave by the end of the annual leave year they may carry over 10 days (Pro rata for part time employees) in accordance with the Working Time Directive and the Annual Leave Policy (See Section 7). In cases where the 10 days carry over does not provide the legal minimum of annual leave across the 2 years, this will be increased accordingly. Please note, these amounts are pro-rata for part-time employees. Employees may request annual leave for holidays whilst on sickness absence from work and appropriate annual leave payments will be made. Employees should speak to their line manager prior to booking the holiday. Any member of staff that leaves the Trust due to ill health following a formal process under the sickness absence policy will be entitled to have their full amount of annual leave paid in full. This will be received in their last pay Changes to Contractual Arrangements Where there is a contractual change of working hours during the annual leave year, entitlement will be recalculated based on the number of months worked at the original hours and the number of months worked on the new hours. Example: X number of months at the old rate = A X number of months at the new rate = B C = Total Annual leave therefore A+B = C Public Holidays Public Holidays for part-time staff will be calculated on a pro-rata basis and this is included in the Annual Leave Calculation Chart (see appendix 1). Public holidays must be booked and taken in accordance with the employees working patterns. Part time staff cannot change their days of work to avoid booking and taking bank holidays. Public Holidays must be booked at the normal shift hours for that day eg. If you work 5.0 hours on a Monday then you would book 5.0 hours on a Public Holiday for that Monday. If you work 12 hours, you would book 12 hours. Page 6 of 16

7 3.14 Emergency Cover Employees required to work or be on call on a Public Holiday will be entitled to the equivalent time in lieu at plain time rates in addition to the appropriate payment for the Public Holiday work. 4 ATTACHMENTS Appendix Number Title 1 Table 1 Annual Leave Entitlement for Complete Years Exclusive of Bank Holidays 2 Table 2 Bank Holiday Entitlement 3 Annual Leave Entitlement Summary 4 Equality Impact Assessment Tool 5 ELECTRONIC AND MANUAL RECORDING OF INFORMATION Electronic Database for Procedural Documents Held by Policy Co-ordinators/Archive Office 6 LOCATIONS THIS DOCUMENT ISSUED TO Copy No Location Date Issued 1 Intranet 26/06/ Wards, Departments and Service 26/06/ OTHER RELEVANT/ASSOCIATED DOCUMENTS Unique Identifier Title and web links from the document library CORP/PROC/200 Grievance Procedure doc CORP/POL/011 Management of Sickness Absence docx 8 SUPPORTING REFERENCES/EVIDENCE BASED DOCUMENTS References In Full Agenda for Change Terms and Conditions 9 CONSULTATION WITH STAFF AND PATIENTS Name Designation HR Policy Forum JNCC 10 DEFINITIONS/GLOSSARY OF TERMS Page 7 of 16

8 11 AUTHOR/DIVISIONAL/DIRECTORATE MANAGER APPROVAL Issued By Eleanor Palmer- Checked By Louise Benfield Rigby Job Title HR Business Partner Job Title Head of Employee Relations Date June 2014 Date June 2014 Page 8 of 16

9 Appendix 1: Table 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: Formula is Weekly Contracted Hrs 5 X No. of Days Annual Entitlement Page 9 of 16

10 Appendix 1: Table 1 - Agenda For Change: Annual Leave Entitlement For Complete Years Exclusive Of Bank Holidays Formula is WEEKLY BASIC ON AFTER 5 AFTER 10 CONTRACTED APPOINTMENT YEARS YEARS HOURS SERVICE SERVICE 27 DAYS 29 DAYS 33 DAYS HOURS EQUIVALENT: Weekly Contracted Hrs X No. of Days Annual Entitlement 5 Page 10 of 16

11 Appendix 2: Table 2 - Agenda For Change: Calculation Of Bank Holiday Entitlement WEEKLY BASIC CONTRACTED HOURS HOURLY ENTITLEMENT FOR FULL LEAVE YEAR (8 BANK HOLIDAYS) HOURLY ENTITLEMENT FOR ONE BANK HOLIDAY (FOR USE AS A MULTIPLIER) Formula is Weekly Contracted Hrs 5 X No. of Days Annual Entitlement Page 11 of 16

12 Appendix 2: Table 2 - Agenda For Change: Calculation Of Bank Holiday Entitlement WEEKLY BASIC CONTRACTED HOURS HOURLY ENTITLEMENT FOR FULL LEAVE YEAR (8 BANK HOLIDAYS) HOURLY ENTITLEMENT FOR ONE BANK HOLIDAY (FOR USE AS A MULTIPLIER) Formula is Weekly Contracted Hrs 5 X No. of Days Annual Entitlement Page 12 of 16

13 Appendix 3: Annual Leave Entitlement Summary For those staff covered by Agenda for Change an employee s annual leave entitlement is determined by the length of aggregated NHS service (see Section 3.4) as follows: Length of Service Annual Leave General Public Holidays On appointment 27 days 8 days After five years service 29 days 8 days After ten years service 33 days 8 days Where staff have accrued either 5 or 10 years service with the NHS (see Section 3.4) this will result in a re-calculation of entitlement based on completed months. If change takes place during a month, the original leave entitlement will be used for the months prior to the anniversary month, with the revised leave entitlement used for the anniversary month until the end of the annual leave year. Example: A member of staff who attains 5 years on the 17 th September, will have 5 months calculated at 27 days (April to August) and 7 months calculated at 29 days. The 2 entitlements would be added together and converted to hours using the Leave Calculation Table (See Appendix 1). Annual leave and general public holiday entitlements should be calculated on an hourly basis to prevent staff on non-standard shifts receiving more or less than colleagues on standard shifts. Medical and Dental staff entitlement to annual leave is as follows: Consultants on New Contract Up to seven years (on new contract) Over seven years (on new contract) 33 days annual leave + statutory bank holidays 35 days annual leave + statutory bank holidays Consultants on Old Contract 33 days annual leave + statutory bank holidays Associate Specialist 33 days annual leave + statutory bank holidays Page 13 of 16

14 Appendix 3: Annual Leave Entitlement Summary Staff Grade (Old Contract) Point of scale 01 and above Point of scale 02 and above 25 days annual leave + 3 days extra statutory days + 8 statutory bank holidays 30 days annual leave + 3 days extra statutory days +8 statutory bank holidays Speciality Doctor 33 days annual leave + statutory bank holidays Trainee Doctors CT1-3/S T4-6/FY1 & 2/GPVTS Point of scale 01 and above Point of scale 02 and above 28 days annual leave + 8 statutory bank holidays 32 days annual leave +8 statutory bank holidays Dental Staff On first two salary points of Band a scale 27 days annual leave + 8 statutory bank holidays All other dentists on the scale 32 days annual leave +8 statutory bank holidays Page 14 of 16

15 Appendix 4: Equality Impact Assessment Form Department Organisation Wide Service or Policy Procedure Date Completed: GROUPS TO BE CONSIDERED Deprived communities, homeless, substance misusers, people who have a disability, learning disability, older people, children and families, young people, Lesbian Gay Bi-sexual or Transgender, minority ethnic communities, Gypsy/Roma/Travellers, women/men, parents, carers, staff, wider community, offenders. EQUALITY PROTECTED CHARACTERISTICS TO BE CONSIDERED Age, gender, disability, race, sexual orientation, gender identity (or reassignment), religion and belief, carers, Human Rights and socio economic/deprivation. QUESTION RESPONSE IMPACT What is the service, leaflet or policy development? What are its aims, who are the target audience? Does the service, leaflet or policy/ development impact on community safety Crime Community cohesion Is there any evidence that groups who should benefit do not? i.e. equal opportunity monitoring of service users and/or staff. If none/insufficient local or national data available consider what information you need. Does the service, leaflet or development/ policy have a negative impact on any geographical or sub group of the population? How does the service, leaflet or policy/ development promote equality and diversity? Does the service, leaflet or policy/ development explicitly include a commitment to equality and diversity and meeting needs? How does it demonstrate its impact? Does the Organisation or service workforce reflect the local population? Do we employ people from disadvantaged groups Will the service, leaflet or policy/ development i. Improve economic social conditions in deprived areas ii. Use brown field sites. Improve public spaces including creation of green spaces? Does the service, leaflet or policy/ development promote equity of lifelong learning? Does the service, leaflet or policy/ development encourage healthy lifestyles and reduce risks to health? Does the service, leaflet or policy/ development impact on transport? What are the implications of this? Does the service, leaflet or policy/development impact on housing, housing needs, homelessness, or a person s ability to remain at home? Are there any groups for whom this policy/ service/leaflet would have an impact? Is it an adverse/negative impact? Does it or could it (or is the perception that it could exclude disadvantaged or marginalised Issue Action Positive Negative Raise awareness of the Yes Clear Organisations format and processes identified processes involved in relation to the procedural document. The Procedural Document is to ensure that all members of staff have clear guidance on processes to be followed. The target audience is all staff across the Organisation who undertakes this process. Not applicable to community safety or crime N/A N/A No N/A N/A No N/A N/A Ensures a cohesive approach across the Organisation in relation to the procedural document. The Procedure includes a completed EA which provides the opportunity to highlight any potential for a negative / adverse impact. Our workforce is reflective of the local population. N/A N/A N/A N/A N/A None identified All policies and procedural documents include an EA to identify any positive or negative impacts. Page 15 of 16

16 Appendix 4: Equality Impact Assessment Form groups? ACTION: Please identify if you are now required to carry out a Full Equality Analysis No (Please delete as Name of Author: Signature of Author: Eleanor Palmer-Rigby appropriate) Date Signed: Name of Lead Person: Signature of Lead Person: Name of Manager: Signature of Manager Date Signed: Date Signed: Page 16 of 16