Daytime and On-Call Cover Remuneration Policy for Non Training Grade Medical Staff

Transcription

1 Daytime and On-Call Cover Remuneration Policy for Non Training Grade Medical Staff Who Should Read This Policy Target Audience Consultants Staff Grades and Associate Specialists (SAS Doctors) Line Managers Version 1.0 November 2015

2 Ref. Contents Page 1.0 Introduction Purpose Objectives Process General Principles Additional Daytime Cover Additional On-Call Cover Payment - General Work Procedures connected to this policy Links to Relevant Legislation Links to Relevant National Standards Links to Other Key Policy/s References Roles and Responsibilities for this policy Training Equality Impact Assessment Data Protection Act and Freedom of Information Act Monitoring this Policy is Working in Practice 11 Version 1.0 November 2015

3 Explanation of terms used in this policy On-call - A member of staff is on-call when, as part of an established arrangement with the Trust, he/she is available outside his or her normal working hours to work as and when required. This includes arrangements where a member of staff chooses to remain on Trust premises/accommodation in order to fulfil their on-call requirements, but it is not a Trust requirement for them to remain on-site Locum Tenens Medical Staff who provide cover for other medical staff on a temporary basis for a range of a few days to up to six months or more. When a healthcare employer faces temporary staffing shortages due to vacancies, illness, or other causes, they hire locum tenens physicians and other part-time clinicians to fill those vacancies and maintain patient care quality Normal working hours - Are those which are regularly worked and/or fixed by the contract of employment. This does not include overtime Version 1.0 November

4 1.0 Introduction This policy outlines a proposal, which covers additional remuneration payable to Consultants and Staff Grades and Associate Specialists (SAS Doctors) for providing cover for sickness, absence or a vacancy. This proposal does not affect or change any other terms or conditions under individual s contract of employment. 2.0 Purpose The purpose of this policy is to ensure there is a standard process to be followed when a Consultant or SAS Doctor is required to cover for sickness, absence or vacancy. This is to avoid individual cases considered on an ad hoc basis, which could lead to inequity. 3.0 Objectives The principle objective for this policy is to provide a framework to be followed for day time and on-call remuneration for providing additional cover which is fair and consistent. 4.0 Process 4.1 General Principles The Trust is responsible for the engagement of a locum tenens to cover sickness/ absence/ vacancy of Consultants/ SAS Doctors, under the terms of this agreement. Vacancy will be where an established Consultant/ SAS Doctor post is vacant, i.e. due to a resignation or non-appointment. Absence includes sickness, maternity leave, adoption leave, sabbaticals, suspension of post holder or unpaid leave. Upon receiving notification of sickness/ absence/ vacancy, the Trust shall make every effort to secure the services of a locum tenens to provide cover from day one. If a Consultant/ SAS Doctor is absent due to unplanned sickness or suspension, the above arrangements will apply in respect of covering on-call duties. Consultants/ SAS Doctors will however provide daytime cover (Monday Friday only) for a colleague absent due to unplanned sickness or suspension for a maximum continuous period of 4 weeks, after which time the Trust will make every effort to secure a locum tenens. Where it is not reasonably practicable to provide cover, pressure will not be brought to bear on any individual to undertake the additional duties. Where additional cover is provided as set out below, the Trust will continue to make every effort to appoint a locum tenens at the earliest opportunity. Upon appointment of locum tenens, the arrangements set out below will automatically cease. Where a level of payment is applicable, the session/ Programmed Activities (PA s) will be calculated inclusive of respective discretionary points/ clinical excellence awards. 4.2 Additional Daytime Cover Subject to the principles described in section 4.1 above, payment for any additional daytime cover undertaken will be as follows: Version 1.0 November

5 Additional daytime cover comprises of duties normally taken during the normal rostered daytime hours, usually Monday Friday, 9am 5pm A Consultant/ SAS Doctor who has agreed to provide daytime cover for a full time vacant post, shall be paid an additional six sessions/ 6 PA s or equivalent in hours per week. If the post is part-time or cover is shared, then the appropriate sessional/ PA split will be made amongst the doctors covering on a pro-rata basis In relation to daytime cover for vacant posts or daytime cover due to sickness/ absence the following principles will apply: Cover will include the full working week comprising of five days and the doctor(s) will resume responsibility for all patients in the area being covered, including out-patient clinics, so long as this is practicable If the Consultant/ SAS Doctor providing cover is themselves absent at any time during this period, they will not receive the additional cover payment Sessional payments will be based on notional half days, which will be equivalent to 3.5 hours for those on the old terms and conditions (i.e. Consultant pre 2003 and Associate Specialist pre 2008) and notional half days equivalent to 4 hours for all Doctors on the new terms and conditions (i.e. Consultant post 2003 and SAS post 2008) Payment will cease immediately upon successful appointment to the vacant post, or the return of the colleague from sickness/absence Any temporary additional sessions/ PA s will not be pensionable. Requests for cover will be made initially to all Consultants/ SAS Doctors within the Group concerned. If cover cannot be provided then a general request will be made to all Consultants/ SAS Doctors within the Trust. Cover from outside the group will be made on a voluntary basis. Requests to provide cover will not be unreasonably refused, and where practicable, Consultants/ SAS Doctors will undertake all or part of the additional duties. Where additional cover is provided, the Trust will continue to make every effort to appoint a locum and upon appointment, the internal arrangements will automatically cease. It is recognised that this additional daytime cover, may not necessarily be contained within normal working hours. 4.3 Additional On-Call Cover Subject to the general principles described in Section 4.1, payment for any additional on call cover undertaken will be as follows: Additional on-call cover comprises duties undertaken outside the normal rostered daytime hours (usually Monday Friday, 9am 5 pm) Payment will be made based on the following assessment: - Consultants: per hour - SAS doctors: per hour This amount will increase annually in line with NHS national uplift. 4.4 Payment - General Work In recognition of the goodwill and hard work of Consultants/ SAS Doctors and additional stress caused by undertaking additional cover, any additional cover Version 1.0 November

6 provided over and above a 12 week period under Section 4.2 and 4.3, will be remunerated at 1.5 times the rates detailed in Section 4.2 and Section 4.3. Any agreement for the provision of additional daytime cover under Section 4.2 or additional on call cover made under section 4.3 will be made prior to the commencement of the cover. It is the responsibility of the relevant Clinical Director to agree and confirm, in writing, the basis of the agreement of provision of cover to the Consultant/ SAS Doctor providing additional cover under this agreement. A copy of the letter confirming the basis of agreement for additional cover will be forwarded to the HR Department by the Clinical Director. Payment for duties undertaken in respect of Section 4.2, Section 4.3 will be made retrospectively upon submission of an Extra Duty Claim Form for Consultants/ SAS Doctors. This should be submitted to the Clinical Director for authorisation and agreement, and then forwarded onto the Head of Operational Human Resources for further authorisation and submission to Payroll. Payment can only be assured if Human Resources have receipt of the respective Extra Duty Claim Form in line with Payroll cut off dates. In the absence of the relevant Clinical Director, the Associate Clinical Director will undertake the duties of the Clinical Director. Payments under this agreement will not be pensionable. Whilst it is accepted that payment under this agreement will not be made whilst the Consultant/ SAS Doctor providing additional cover is him/ herself on any form of leave during the course of providing additional cover, this is only on the basis that alternative arrangements are made to cover the vacant post/ absent colleague for which the consultant is providing cover whilst he/ she is on leave. If alternative arrangements are not made and duties are postponed until the return to work of the Consultant/ SAS Doctor providing additional cover, if he/ she agrees to undertake these postponed duties, he/ she will be entitled to claim payment equivalent to what he/ she would have received had he/ she not been on leave, and continued to provide cover. If some of the duties only are postponed, the practitioner shall be entitled to claim the appropriate pro-rata payment for covering those duties should he/ she agree to undertake them. 5.0 Procedures connected to this Policy There are no procedures connected to this policy. 6.0 Links to Relevant Legislation Equality Act 2010 Equality Act came into force on 1 October 2010 and brought together over 116 separate pieces of legislation into one single Act to provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. The Act simplifies, strengthens and harmonizes the current legislation to provide a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. Version 1.0 November

7 6.1 Links to Relevant National Standards Medical and Dental Whitley Council Handbook 2008 (as amended annually) This Handbook is published on the NHS Employers Website amended whenever new agreements are reached in the NHS Staff Council. Amendments to the Handbook are published in numbered pay and conditions circulars which set out details of the changes, including the effective date(s) of changes to pay and conditions. 6.2 Links to other Key Policies Anti-Fraud, Bribery and Corruption Policy The aim of this policy is to set out clearly for staff, the framework and controls in place for dealing with all forms of detected or suspected fraud, bribery and corruption. 6.3 References Medical and Dental Whiteley Council Handbook (2008) as published via NHS Employers Version 1.0 November

8 7.0 Roles and Responsibilities for this Policy Title Role Key Responsibilities Medical Director Executive Lead - Lead responsibility for the implementation of this policy - Allocation of resources to support the implementation of this policy - Ensure any serious concerns regarding the implementation of this policy are brought to the attention of the Board of Trust Board Workforce Development Group Human Resources Department Clinical Directors and Associate Clinical Directors Strategic Directors - Strategic overview and final responsibility for setting the direction for Cover Remuneration for Consultants and SAS Doctors Responsible - Oversee the implementation of a systematic and consistent approach - Approve all policies and procedures that relate to their subject matter or area of practice - Specialist Advice and Support - Ensure that this policy is applied fairly to all staff and will continually review it to ensure it accurately reflects legislation and best practice in relation to Cover l Remuneration - Support if required the application of this policy for the employee and the Manager - Provide advice and guidance on policy and procedure implementation - Monitor the implementation and compliance of this policy Implementation - Ensure cover arrangements match service requirements and are reviewed in the light of changing service needs - Ensure employees understand their contractual obligations in participating in the cover arrangements - Ensure the skill level required in order to be competent for cover working is defined - Ensure the quality and safety of the service is maintained - Ensure an equitable rota is published in advance to enable participants to plan taking into account periods of flexible working commitments rostered days off or matters requiring exclusion - Ensure all participants in the cover arrangements are fit for work (in accordance with their Professional Code of Conduct and Trust attendance rules) during and immediately following a period of cover Employees Adherence - Ensure that they are fit for work (in accordance with their Professional Code of Conduct and Trust attendance rules) during and immediately following a period of cover - Adhere to the Trust s normal attendance and absence reporting requirements - Adhere to the Trust s normal expectations in terms of timeliness - Own their on-call rota commitment once the rota has been set and published, ensuring service continuity by swapping with a colleague where they are unable to meet their commitment, and informing the appropriate people (e.g. manager, switchboard) of the change - Work flexibly with their line manager to ensure the service is adequately staffed over certain periods such as Christmas and New Year - Report and act on their own sickness absence Version 1.0 November

9 8.0 Training What aspect(s) of this policy will require staff training? Managing requests for cover of Consultants/ SAS Doctors Which staff groups require this training? Clinical Directors/Associate Clinical Directors 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? Internally Who will deliver the training? Human Resources Staff How often will staff require training As required Who will ensure and monitor that staff have this training? Workforce Development Group 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 November

10 11.0 Monitoring this Policy is working in Practice What key elements will be monitored? (measurable policy objectives) Where described in policy? How will they be monitored? (method + sample size) Who will undertake this monitoring? How Frequently? Group/Committee that will receive and review results Group/Committee to ensure actions are completed Evidence this has happened All payments being made through the payroll in relation to on-call are within the scope of this policy Management and implementation of policy 4.0 Process Recorded within the HR Function (Medical Staffing) 7.0 Roles and Responsibilities for this Policy HR Function (Medical Staffing) audit of Timesheets against the duty rota Human Resources Advisor (Medical Staffing) Human Resources Advisor (Medical Staffing) Monthly Monthly Workforce Development Group Workforce Development Group Workforce Development Group Workforce Development Group Minutes of meetings/ Action plans signed off Minutes of meetings/ Action plans signed off Version 1.0 November

11 Policy Details Title of Policy Unique Identifier for this policy State if policy is New or Revised Daytime and On-Call Cover Remuneration Policy for Non Training Grade medical Staff BCPFT-HR-POL-18 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 Director of Workforce & Organisational Development Senior Human Resources Manager Medical Local Negotiating Committee October 2015 Month/year policy approved October 2015 Month/year policy ratified and issued November 2015 Next review date September 2016 Implementation Plan completed * Equality Impact Assessment completed * Previous version(s) archived * Disclosure status Key Words for this policy No No Yes B can be disclosed to patients and the public Additional daytime cover, Additional on-call cover, Payment - general work, Locum Tenens, Consultants, SAS doctors, Staff Grades and Associate Specialists * 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 V1.0 Nov 2015 Details of Change New policy for BCPFT; Alignment of existing Cover Remuneration Policies from SMHFT covering Consultant and SAS Doctors Version 1.0 November