Human Resources. Annual leave policy statement

Transcription

1 Human Resources Annual leave policy statement November 2011

2 Contents 01 Annual leave policy statement 3 02 Calculation of leave 4 03 Public holidays and privilege holidays 5 04 What must be done 6 05 Annual leave and sickness absence 7 06 The effect of absence on the accrual of annual leave 9 07 Carrying forward leave Anticipation of leave Compensating for untaken leave Key intranet and access information 14 2

3 01 Annual leave policy statement Who it applies to This policy applies to all employees in Ministry of Justice (MoJ), below the Senior Civil Service (SCS) except those in NOMS and those who are covered by other (legacy) terms and conditions. This includes employees on permanent and fixed-term contracts. It provides details of the entitlement to paid annual leave and the procedures to be followed. The principles MoJ is committed to helping all its employees enjoy a good quality of life. The annual leave statement and procedure supports employee choice and helps employees achieve work-life balance. MoJ recognises the good practice guidance set out in the Working Time Regulations related to annual leave, which is reflected, where appropriate, through this statement MoJ encourages employees and their managers to apply good practice when applying for, and granting annual leave. Contractual entitlements For employees below SCS, annual leave is 23 days on appointment, and will increase to 25 days after one year s service, and 30 days after five years service. 3

4 02 Calculation of leave Employees working reduced hours Employees working reduced hours are entitled to the same leave entitlements as full-time employees, but calculated on a pro rata basis. This will be calculated on the number of days or hours worked in the week and expressed in days or hours accordingly. For example, an employee with six years service who works three full days a week, is entitled to 18 days leave entitlement. Employees working reduced hours calculation: 30 days (full time entitlement) x 3 (number of days per week they work) = 18 days 5 (days in a full time week) An example expressed in hours would be: an employee with six years service who works 20 hours per week, is entitled to 120 hours annual leave. The calculation is: 216 hours (full time entitlement) x 20 (number of hour per week they work) = 120 hours 36 (number of hours in a full-time week (London)) Employees working compressed hours Employees working compressed hours, that is, full time hours in fewer than five days, will receive the same amount of annual leave as an employee that works a normal five day full time week. However, annual leave will normally be expressed in hours, for the purposes of calculating entitlements, taking and recording annual leave. For example, an employee working four nine hour days per week, when taking a single day s annual leave will deduct nine hours from their annual leave entitlement. Converting leave entitlement into hours is set out in the document Annual leave calculation from days to hours. Term-time worker Employees who are term-time workers (or partyear workers) work less than 52 weeks per year. For term-time workers annual leave, public holidays, and privilege days are accrued during the weeks they work. All entitlement will be in hours and not days. All hours worked posts Employees whose contract is on an all hours worked basis will receive the same amount of annual leave as an employee that works a normal five day full time week. For the purposes of taking, recording and calculating entitlements, annual leave will normally be expressed in hours. Converting leave entitlement into hours is set out in the document Annual leave calculation from days to hours. Judges clerks Judges clerks will receive the same annual leave entitlement as normal full time employees, but they will make arrangements with the judge for taking their annual leave. They would normally be expected to take their entitlement only when the judge is on holiday. Scheduled Ushers Scheduled Ushers will be allowed proportionate annual leave according to the number of hours they work. Scheduled ushers should, with their managers, make a provisional calculation of their annual leave entitlement at the beginning of the leave year based on the minimum number of sessions agreed in the annual schedule. They should also review the entitlement during the year based on actual hours worked. Further information on the calculation of annual leave entitlement for Scheduled Ushers can be found in the document Annual leave calculation and public and privilege days for scheduled ushers. 4

5 03 Public holidays and privilege holidays Employees are entitled to public holidays and privilege holidays, which are in addition to annual leave entitlement. Public holidays There are eight public holidays. For England and Wales these are: New Year s Day Good Friday Easter Monday May Day Bank Holiday Late May Bank Holiday Late Summer Bank Holiday Christmas Day Boxing Day. For Scotland these are: New Year s Day 2 nd January Good Friday Early May Bank Holiday Spring Bank Holiday Early Summer Bank Holiday Christmas Day Boxing Day. The St Andrew s Day Holiday (Scotland) does not automatically create an additional day off work. It will be for local managers in consultation with trade unions to decide if any of the privilege days should be allocated to St Andrew s Day. Public and privilege holiday entitlement for employees who work reduced hours Employees who work reduced hours will be entitled to proportionate time off for public and privilege holidays according to their weekly hours of work. Calculating this entitlement is set out in the document Bank Holiday and privilege day entitlement - reduced hours employees. Leaving MoJ Employees who leave MoJ during their leave year, for example if they resign or retire, will be entitled to a proportion of their annual leave entitlement calculated from the beginning of their leave year to the last day of service, any fraction being rounded up to the next half day. Outstanding leave must be taken before the last day of service. Exceeded annual leave on leaving Employees leaving service, usually on resignation, retirement or dismissal, who have taken more annual leave than they have accrued to their last day of service will be required to refund from salary an amount equivalent to the number of days leave in excess of the amount of leave accrued. This requirement is waived for death in service. Leave year In line with the guidance set out in the Working Time Regulations, the leave year is for a period of 12 months and begins on the date of appointment. Privilege days Employees are also entitled to 2.5 privilege days leave. One day will normally be fixed at Christmas and the timing of the remaining 1.5 days will either be determined locally by business units, or employees will agree with their managers when to take these days. 5

6 04 What must be done General conditions Managers should work with each employee in their team to try to arrange annual leave. Managers should ensure that they are consistent and fair in granting applications for annual leave, and guard against discriminatory practices. Where annual leave cannot be granted managers must explain the reason(s) why. Employees may request extended leave from time to time, in order to visit relations in a distant country of origin, or whose relations have emigrated to another country. Managers should be as flexible as possible and consistent in the way they treat applications from employees who make such requests. Responsibilities Managers have a responsibility to: balance the needs of the employee against those of the business when considering annual leave applications allow employees to take approved annual leave undisturbed, unless it is essential to cancel or postpone it take any necessary steps to ensure employees take their leave entitlement within their leave year, and at the end of the leave year, confirm the amount of leave available for the next year check that leave allowances are not being exceeded allow employees the opportunity, subject to entitlement and business needs, to take two weeks leave during the summer months. Employees have a responsibility to: ensure they take their full annual leave entitlement each year (all employees are required to take at least 20 days paid leave annually, excluding public holidays) try to make annual leave applications in good time, and in line with minimum requirements of notice detailed in Annual Leave Requests section. Annual leave requests MoJ recognises good practice guidance prescribed in the Working Time Regulations policy document where notice must be twice as long as the period of leave requested. Employees are required to give notice to their managers if they wish to apply for annual leave. For example, employees requesting one week s annual leave need to give two weeks notice. A manager who is not able to honour a request for annual leave will give notice at least as long as the leave requested of their decision. For example, for a request of one week s annual leave, the manager will give one week s notice. Employees are encouraged to use the above guidance, when requesting leave. When employees are unable to give the prescribed notice, for unforeseen circumstances, managers should adopt a flexible approach to requests and take account of employee needs while bearing in mind the business needs. An application for leave should be made on the Application for leave form. Annual leave requests for religious observance Employees may request annual leave for religious observance to celebrate festivals or attend ceremonies. Managers should sympathetically consider such requests where it is reasonable and practical for employees to be away from work, and they have sufficient annual leave entitlement in hand. While there is no automatic right to an employee s request for annual leave, refusal to grant leave for religious observance may be discriminatory if it cannot be justified by a legitimate business need which cannot be met by any other reasonable means. To assist the planning process, MoJ publishes a copy of the SHAP Calendar of Religious Festivals annually. 6

7 Employees should plan ahead and ensure that they book necessary leave well in advance where possible; agree with their line manager, preferably before, or at an early stage of taking up a new post, how their needs can be accommodated. Managers should be aware that it may be practical for one or a small number of employees to be absent, but it might be difficult if numerous requests are made. In these circumstances managers should discuss the matter with the employees affected, and recognised employee representatives, if appropriate, with the aim of balancing the needs of the business and those of employees. Arrangements under flexible benefits package: buying and selling annual leave The Buy and Sell annual leave pages on My Services give details of the annual leave element of the MoJ Flexible Benefits package. Cancellation/postponement/recall by management This would happen only in exceptional circumstances, and on the authority of a Senior Manager to meet a business need. Managers should keep a record of their reasons for auditing. Before cancelling or postponing leave, managers should look at the circumstances of all employees in the team and the implications of a cancellation or postponement. Any resulting financial loss from recalling, cancellation or postponement, will be reimbursed if supported by a receipt. A manager should give appropriate notice if an employee is required to cancel, postpone, or be recalled from annual leave. Notice will be at least as long as the leave requested. 7

8 05 Annual leave and sickness absence Annual leave following sickness absence Employees wishing to take annual leave immediately following a period of sick absence must apply for the annual leave in the normal way. They must ensure that the period of illness is recorded as sickness absence in accordance with the Managing attendance policy and that they produce any necessary Statements of fitness for work if the period of sickness absence was eight calendar days or more. Sickness during a period of annual leave Employees who are sick during a period of annual leave, will be allowed to record that time as sickness absence rather than annual leave (and so re-claim the annual leave) provided that they inform their manager, as soon as practicable: on the first day of illness or, if abroad, immediately on return to the country; and/or if they cannot return to work, at the end of the period of annual leave. Employees must ensure that the time they were ill is recorded as sickness absence in accordance with the Managing attendance policy. They should complete the necessary forms, and supply a doctor s Statement of fitness for work (or other documentation from the overseas doctor/ hospital) if the period of sickness absence was eight calendar days or more. The normal return to work procedures must then be followed. Taking annual leave during a period of sickness absence Employees who want to take annual leave during a period of sickness absence, must apply for annual leave in the normal way. Employees will receive their normal (full) pay for the period of annual leave taken during sickness absence. Any period of annual leave taken during sickness absence will not break the continuity of sickness absence. This is because if annual leave were refused, the employee would still be sick and therefore absent from work. Therefore any period of annual leave taken during sickness absence will still be recorded as sickness and will continue to count towards totals of sickness for absence management purposes. It will also continue to count towards contractual sick pay limit and Statutory Sick Pay (SSP). Managers will not normally refuse requests for annual leave during sickness absence, provided the employee has accrued sufficient annual leave (including any leave carried over from previous leave years) to cover the period they wish to take. Employees and their line managers have shared responsibility for managing annual leave accrued during periods of sickness absence. In some circumstances it may be necessary for line managers to ask employees to take annual leave (subject to required notice periods) in order to keep leave within reasonable limits. Managing accrued leave in this way will help employees adjust back into the work environment when they return to work. Employees who fail to follow these procedures will not be able to reclaim annual leave. 8

9 Sickness absence after annual leave Employees who are unable to return to work through sickness after a period of annual leave should notify their manager immediately, using normal sickness absence reporting procedures. For sickness absences of up to and including seven calendar days, employees must self-certify their sickness as part of the return to work process. Employees whose sickness absence lasts for more than seven calendar days must also provide a Statement of fitness for work to cover the period of their sickness. Taking accrued annual leave on return to work Employees who have been absent for a long period through long-term sickness are encouraged to apply to take accrued untaken leave at the end of the sickness absence, before they return to work, or during the first few months of their return. This may form part of a return to work programme to help the employee rehabilitate back into the work environment. Managers should not refuse requests to take annual leave immediately before a return to work, or as part of a return to work programme, except to meet a business need or where the process for requesting leave has not been followed. In considering requests for annual leave in these circumstances, managers should apply the same approach as when considering requests for similar periods of annual leave from any other employee. 9

10 06 The effect of absence on the accrual of annual leave During sickness absence When an employee is on sickness absence and is being paid full contractual sick pay or half pay, they will continue to accrue their full contractual annual leave entitlement, and their entitlement to time off for bank holidays and privilege days. So someone who is sick on full and half pay for 12 months and has over five years service will accrue a total of 40.5 days (annual leave entitlement 30 days plus eight days for public holidays, plus 2.5 privilege days). When an employee is on long-term sickness absence and is being paid at Sick Pay at Pension Rate or receiving nil pay, their annual leave accrual will reduce to the statutory minimum rate set out in the Working Time Regulations policy document (the statutory rate). This is 28 days per year including public holidays (20 working days plus eight public holidays). They will not be entitled to accrue privilege days. During special leave When an employee is on paid special leave, they will continue to accrue annual leave, public holidays and privilege days as though they had remained at work. When an employee is on unpaid special leave, they will not accrue annual leave. They will also not be entitled to accrue bank holidays and privilege days. During career breaks When an employee is on a career break, they will not accrue annual leave. They will also not be entitled to accrue bank holidays and privilege days. An employee whose leave year contains periods of unpaid sickness absence or Sick Pay at Pension Rate, plus periods of full or half-pay, will need to work with their manager to calculate the amount of annual leave, public holidays and privilege days they are entitled to, based on the different rates of accrual described in the preceding paragraphs. The Accrued Leave calculator will help with this. During maternity leave When an employee is on maternity leave, both paid and unpaid, they will continue to accrue annual leave, public holidays and privilege days as though they had remained at work. 10

11 07 Carrying forward leave Employees should take annual leave within their leave year. Managers have a duty of care to ensure they do. Employees may apply to carry over some of their annual leave entitlement from one leave year and take it during the next leave year. For full-time employees, managers may approve carrying forward leave of up to 5.5 days for employees who are entitled to 23/25 days leave, and ten days for employees who are entitled to 30 days leave. Employees who work reduced hours are entitled to the same limits on a pro rata basis. These limits also apply to employees who have been prevented from taking leave on the specific request of management. Effect of maternity leave Employees may carry over in excess of the carry forward limits if they are prevented from taking leave because they are on maternity leave. The carry forward of annual leave in excess of the limits can only be granted for one year; an employee will not be able to carry over in excess of the limits into the next year unless another period of maternity leave is taken. Please refer to the Maternity policy for further details. Employees are not obliged to take accrued annual leave before their return to work. However, if they return to work and have had the opportunity to take the leave before the end of their leave year, but did not ask to do so, then any excess over normal carry over limits will be lost. Managers can also ask employees to take accrued annual leave, subject to giving the required notice. Managers have a shared responsibility to ensure that accrued annual leave is used as soon as practicable, however, if employees have the opportunity to take annual leave but do not do so, any excess over normal carry over limits will be lost. Employees who request to take annual leave, but whose request is refused to meet a business need, and the leave cannot be rescheduled by the end of the leave year, may carry forward the unused balance, and are not subject to the normal carry forward limits. Employees who have been absent for the whole leave year can carry forward into the next leave year all leave that they have accrued and not taken. The carry forward of annual leave in excess of the limits can only be granted for one year following the employee s return to work. Effect of sickness absence Employees who are/have been on long term sickness absence can, in certain circumstances, carry over more annual leave than the carry forward limits. The following rules apply: If an employee returns to work too near to the end of the leave year to take all their accrued annual leave (e.g. they return two weeks before the end of the leave year, and have accrued five weeks leave), they will not have had the opportunity to use all the leave before the end of the leave year and may carry forward all the remaining accrued leave. In these circumstances, they are not subject to the normal carry forward limits. 11

12 08 Anticipation of leave Employees may anticipate annual leave that is bringing forward leave from the next leave year. Anticipating leave does not reduce the requirement for all employees to take at least 20 days paid leave each year. For full-time employees, managers may approve anticipation of leave up to 5.5 days for employees who are entitled to 23/25 days leave, and ten days for employees who are entitled to 30 days leave. Employees who work reduced hours may anticipate leave, which is proportionate to the number of hour/days, worked in the week, and subject to approval as stated above. 12

13 09 Compensating for untaken leave Dismissal Cash compensation will be paid, for any accrued leave that is untaken before termination of employment, to employees dismissed with or without notice. Employees whose appointment is terminated during, or at the end of, their period of probation will receive cash compensation for any untaken accrued leave. Resignation Outstanding leave must be taken before the last day of service and may only be converted into cash where, for management reasons, an employee has been specifically prevented from taking it. Normal and early retirement Where the last day of service is known well in advance, employees are required to take outstanding leave before the last day of service. Payment in lieu of untaken leave will be made, only when an employee has been specifically prevented from taking leave by management. Medical retirement When an employee is medically retired while on sick absence, cash compensation will be allowed for the amount of leave untaken. Death in service In the event of death in service, payment will be made in full, to the employee s estate, for all untaken leave at the date of death. 13

14 10 Key intranet and access information You can get an electronic version of this document plus any template letters, forms and related information on the My Services pages of the intranet at guidance-support/my-services/leave/annualleave.htm. Alternative formats If you cannot easily get access to the intranet, your manager can give you a hard copy of the policy or guidance. For other formats including Braille or large print, contact the HR Contact Centre: phone , MoJ-hr-xxxxxxxxx@xxxx.xxx.xxv.uk. Further information For further information or advice on this policy, please contact the HR Contact Centre. 14

15 Crown Copyright 2011 Produced November 2011 Printed on paper comprising a minimum of 75% post consumer waste Alternative format versions are available on request by ing Moj-hr-xxxxxxxxx@xxxx.xxx.xxv.uk