NHS TAYSIDE WORKFORCE TERM TIME WORKING

Transcription

1 ITEM 5.5 APPENDIX 4 NHS TAYSIDE WORKFORCE TERM TIME WORKING Author: Term Time Working Policy Group Review Group: HR Forum Review Date: Last Update: January 2010 Document No: Issue No: UNCONTROLLED WHEN PRINTED Signed: Executive Lead Signatory) (Authorised

2 Contents 1. Introduction Term Time Working 2. Benefits 3. Points to Consider 4. How it Works Non-Medical and Dental Staff 5. Medical and Dental Staff 6. Appendices A to D

3 TERM TIME WORKING 1. Introduction Term time working allows employees to remain on a permanent contract and gives them the right to both paid and unpaid leave during school, college or university holidays. Unlike job-sharing or career break schemes, which can be undertaken for a range of reasons, term time working is normally much more focussed specifically to accommodate out-of-term periods. The scheme is often used by both male and female employees who have direct caring responsibilities for young people and can also be utilised where a service operates on a term-time only basis. This policy gives an employee the right to request term time working and the request must be fully considered, in line with service requirements, by the appropriate manager prior to any decision being made. Applications must be made in writing by the member of staff to their line manager who will give full consideration to the request and confirm agreement in writing or provide a clear written business rationale why the request cannot be supported. Normally, agreement would effect a permanent change to the contract of employment. 2. Benefits Overcoming Child Care Difficulties this style of working may allow employees who are parents/carers of school age children to overcome the difficulties of finding suitable child care during the school holidays. Increased Leisure Time this style of working can enable parents/carers to engage more fully with their children during school holiday periods, helping to create a balance between work and family life. Regular Remuneration with this style of working, the salary is paid over a twelve-month period on an equal basis so that there is no time in the year when the member of staff is financially less well off. Improved Recruitment Base and Retention helps both attract and retain employees who might otherwise take a complete break from employment. Improved Staff Morale improves staff morale through continuity of employment, where otherwise new staff would need to be recruited. Peaks and Troughs in some jobs there may be seasonal variation to work patterns. This type of working may allow employers to improve efficiency costs.

4 3. Points to Consider Reduced Salary this type of working will clearly lead to a reduction in salary which may also affect superannuation contributions and final pension benefits. Return to Work Employees may require to be supported in readjusting to the working environment following this type of extended break. Organisation of Workload this type of working may require increased organisation of workload in order to meet service needs. Suitable Cover for many jobs within the service, there will be a need to cover posts throughout the year. Consideration needs to be given to how such jobs would be covered if a request for Term Time Working was granted. Impact on other Staff it is vital that consideration is given to the impact on other staff where one member of the team is working a term time arrangement, i.e. provisions for cover, annual leave arrangements, etc. 4. How it Works - Non Medical & Dental Staff A term time contract is a permanent contract which continues during school holidays through periods of paid and unpaid leave. The contract can be worked over differing numbers of weeks of the year and the member of staff can either be a full-time or part-time employee during the time at work. Service is continuous throughout the year. Requests for term-time working must be made in writing by the member of staff to their line manager who will give full consideration to the request and confirm agreement in writing or provide a clear written business rationale why the request cannot be supported Staff on term time contracts take their paid annual leave during the school holiday period and not during term time. Agreement is then reached between the member of staff and their manager on how much additional unpaid leave is required to cover the school holiday period and when exactly paid leave will be taken. These arrangements must be made and recorded as far in advance as possible. The appendices attached detail: a) the agreed NHS Scotland formula for calculating annual leave and public holiday entitlements and is to be applied to all non-medical and dental staff who work term time. The guidance provides an example of a 38 week school year, however this figure can be substituted according to the number of weeks worked during the year. b) the formula for calculating the weekly hours to be paid. Annual leave is calculated depending on the length of service of the member of staff. Managers should review employees length of service on an annual basis in order to ensure the correct entitlement to leave is used in the formula to calculate paid hours.

5 c) the formula to be applied should a member of staff leave the service, commence employment, reach an increased entitlement to annual leave due to length of service, or change hours during any given leave year. d) proforma for use in calculating paid hours 5. Medical & Dental Staff Consultants and Specialty Doctors Requests for Term Time Working must be made in writing to an appropriate line manager. Consideration will then be given to whether the service can accommodate this request. A distinction shall be made between services which operate only in Term Time, and those services which operate 365 days a year. The same principles will apply as per a Flexible Working Request in line with the NHS Circular: PCS (DD) 2007/10. Doctors in Training Doctors in training are covered by the Gold Guide which allows them to train flexibly by agreement with the Deanery. Any requests from Doctors in Training will require to be assessed as suitable for meeting educational requirements and the service commitments of the post.

6 APPENDIX A Scottish Pay Reference and Implementation Group (SPRIG) Approved Guidance for NHSScotland Term Time and Annualised Hours Working Calculation of Annual Leave Entitlement Calculation of annual leave for staff who work on a term time only basis and those working annualised hours should be undertaken as follows: 1. Annualise the hours of the individual. 2. Divide these annualised hours by to get average weekly hours over the whole year. 3. Add the annual leave and public holiday entitlement for this number of hours using the tables attached * 4. Increase the leave entitlement to reflect that this should be treated as service. Example The following example is based on an individual who works for 38 weeks (although in practice, this number of weeks may vary), 20 hours per week over 5 days and based on an whole time annual leave entitlement of 27 days 1. Total hours worked in the year = 760 (38 weeks x 20 hours) 2. Annual weekly average = 760 hours / = 14.5 hours per week (to the nearest half hour) 3. Then refer to Tables 1 and 2 attached: annual leave entitlement = 78.5 hours plus 23 hours for public holidays. Total leave entitlement = hours. 4. Increase to reflect that the leave entitlement is treated as service (and therefore itself accrues annual leave). Formula: leave entitlement (101.5 hours), divided by total hours worked in year (760), multiplied by the total hours worked plus leave (101.5 hours hours = hours) i.e / 760 x = 115 hours Leave Entitlement = 115 hours (to nearest half hour)

7 Table 1 Annual Leave Entitlement for complete years exclusive of public 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 X No. of Days Entitlement 5

8 Table 1 AGENDA FOR CHANGE: ANNUAL LEAVE ENTITLEMENT FOR COMPLETE YEARS EXCLUSIVE OF PUBLIC 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 X No. of Days Entitlement 5

9 Table 2 AGENDA FOR CHANGE: CALCULATION OF PUBLIC HOLIDAY ENTITLEMENT WEEKLY BASIC CONTRACTED HOURS HOURLY ENTITLEMENT FOR FULL LEAVE YEAR ENTITLEMENT ROUNDED UP TO THE NEAREST HALF DAY HOURLY ENTITLEMENT ON EACH BANK HOLIDAY AS IT OCCURS (8 BANK HOLIDAYS) (8 BANK HOLIDAYS) Formula is Weekly Contracted Hrs X No. of Days Entitlement 5

10 Table 2 AGENDA FOR CHANGE: CALCULATION OF PUBLIC HOLIDAY ENTITLEMENT WEEKLY BASIC CONTRACTED HOURS HOURLY ENTITLEMENT FOR FULL LEAVE YEAR ENTITLEMENT ROUNDED UP TO THE NEAREST HALF DAY HOURLY ENTITLEMENT ON EACH BANK HOLIDAY AS IT OCCURS (8 BANK HOLIDAYS) (8 BANK HOLIDAYS) Formula is Weekly Contracted Hrs X No. of Days Entitlement 5

11 APPENDIX B TERM-TIME WORKING FORMULA TO CALCULATE PAID HOURS 1. Annualise the hours of the individual (as per Appendix A) 2. Add the total leave entitlement (annual leave and public holiday entitlement) as calculated using the formula in Appendix A, to the annual number of hours worked 3. Divide by in order to calculate the number of hours to be PAID each week Example The following is based on an individual who works 38 weeks per year, 20 hours per week with a total leave entitlement of 115 hours hours per week multiplied by 38 weeks per year = 760 hours hours plus 115 hours leave entitlement = 875 hours hours divided by = hours to be PAID each week

12 APPENDIX C TERM-TIME WORKING Working example for an individual commencing term time working during the leave year i.e. includes pro rata Annual Leave and Public Holiday entitlement. The same formula can be used for an individual leaving the service, increasing entitlement to annual leave or changing hours during the leave year. The following is based on an individual who works 38 weeks per year, 20 hours per week, based on a whole time annual leave entitlement of 27 days, commencing termtime working on 1 September:- 1. Total hours worked in the year = 760 (38 x 20) 2. Annual weekly average = 760 / = 14.5 hours per week 3. Annual Leave entitlement (from Table 1 of Appendix A) based on 14.5 hours per week for period 1 September to 31 March (ie 213 days) 78.5 x 213 / 365 = 45.8 hours Public Holiday entitlement (from Table 2 of Appendix A) based on 14.5 hours per week for period 1 September to 31 March (ie 5 Public Holidays which fall within this period) 2.9 x 5 = 14.5 hours Total Leave entitlement for period 1 September to 31 March 45.8 hours annual leave hours public holidays = 60.3 hours 4. Increase leave entitlement to reflect this should be treated as service ie leave entitlement divided by total hours worked in year multiplied by total hours worked, plus leave i.e / 760 x ( ) = i.e. 65 to the nearest half hour 5. Average hours to be paid from 1 September to 31 March ( ) / = * Note this calculation would require amendment with effect from 1 April to reflect whole year Annual Leave and Public Holiday entitlement and payroll would be required to receive Notification of Change form accordingly.

13 TERM-TIME WORKING PROFORMA FOR CALCULATING PAID HOURS APPENDIX D NAME LEAVE YEAR AMOUNT OF SERVICE ACTUAL WORKING HOURS NO OF WORKING WEEKS PER YEAR 1. Total hours worked weeks x actual hours = 2. Annual weekly average = total hours / = 3. Annual leave entitlement (based on average hours per week) = / 5 x 27/29/33 days (dependent on length of service) = 4. Public holiday entitlement (based on average hours per week) = / 5 x 8 TOTAL LEAVE ENTITLEMENT = 5. Increase leave entitlement to reflect that this is treated as service: hours leave entitlement / total hours worked in year x ( total hours + hours leave) = hours (rounded up/down to nearest half hour) 6. Paid Hours total hours worked + total leave entitlement / = It is recommended that a copy of the calculation is held within the member of staff s personal file and a copy forwarded to Payroll with the Notification of Change form.

14 NHS TAYSIDE - POLICY/STRATEGY APPROVAL CHECKLIST This checklist must be completed and forwarded with policy to the appropriate forum/committee for approval. POLICY/STRATEGY AREA: (See Intranet Framework) - Workforce POLICY/STRATEGY TITLE: Term Time Working Policy LEAD OFFICER Elaine Dow, Specialist Workforce Adviser Why has this policy/strategy been developed? Has the policy/strategy been developed in accordance with or related to legislation? Please give details of applicable legislation. Has a risk control plan been developed? Who is the owner of the risk? Who has been involved/consulted in the development of the policy/strategy? Has the policy/strategy been assessed for Equality and Diversity in relation to:- Race/Ethnicity Gender Age Religion/Faith Disability Sexual Orientation Please indicate /No for the following: Review of existing policy Family Friendly Policy as per PIN Guidelines - Policy Group Workforce lead, 2 x management reps and staff side. Consultation as per normal procedure. Has the policy/strategy been assessed For Equality and Diversity not to disadvantage the following groups:- Minority Ethnic Communities (includes Gypsy/Travellers, Refugees & Asylum Seekers) Women and Men Religious & Faith Groups Disabled People Children and Young People Lesbian, Gay, Bisexual & Transgender Community Please indicate /No for the following: Does the policy/strategy contain evidence of the Equality & Diversity Impact Assessment Process? Is there an implementation plan? Which officers are responsible for implementation? When will the policy/strategy take effect? Who must comply with the policy/strategy? How will they be informed of their responsibilities? Is any training required? If yes, has any been arranged? Are there any cost implications? If yes, please detail costs and note source of funding Who is responsible for auditing the implementation of the policy/strategy? What is the audit interval? Who will receive the audit reports? When will the policy/strategy be reviewed and by whom? (please give designation) No - Immediate revision of existing policy Available to all staff No HR Forum 2 yrs Area Partnership Forum Every 2 years by APF Name: ELAINE DOW Date: _2 JUNE 2010

15 EQUALITY AND DIVERSITY RAPID IMPACT ASSESSMENT Name of Function/Policy/Strategy Term-Time Working Policy Workstream Workforce Location of Function/Policy/Strategy NHS Tayside wide policy What are the main aims of your function/policy/strategy To enable staff to request to work during term time only. Is this a new/existing policy/function/strategy? Existing policy revised What are the intended outcomes from the proposed function/policy/strategy? Staff treated fairly and consistently when considering flexible working arrangements. Greater level of awareness of policy Priority: state whether high/low Low Review Team: who is assessing or considering the assessment? Term Time Working Policy Group Names and titles of team members Elaine Dow, Senior HR Adviser Julia Gill, Dental Nursing Services Manager Jeanette Cairns, Community Nurse Team Leader John Boland, APF Rep Alison Wood, Equality & Diversity Lead P & K CHP Role of assessment team To carry out impact assessment When completed please attach to the policy prior to endorsement/approval at the relevant committee.

16 Item No Considerations Detail Impact and Identify Groups Affected Document the Evidence/Research Actions Taken/To be Taken 1. Which groups of the population will be affected by the function/policy? Staff and prospective employees The Policy 1.1 Will it impact on the whole population? 1.2 If not which groups of the population do you think will be affected by this function/policy? Minority ethnic population (including refugees, asylum seekers & gypsies/travellers) Women and men People in religious/faith groups Disabled people Older people, children and young people Lesbian, gay, bisexual and transgender people People with mental health problems Homeless people People involved in criminal justice system Staff No Women & men positive impact Staff positive impact The Policy

17 Item No Considerations Detail Impact and Identify Groups Affected 2. What impact will the function/policy have on lifestyles? For example will the changes affect: Diet & nutrition Exercise & physical activity No Substance use: tobacco, alcohol or drugs Risk taking behaviours Education & learning or skills Other Document the Evidence/Research Actions Taken/To be Taken

18 Item No Considerations Detail Impact and Identify Groups Affected 3. Does your function/policy consider the impact on the social environment? Things that might be affected include: Ability to retain paid employment Social status when otherwise staff may leave the Employment (paid/unpaid) service. Social/family support Stress Positive impact on work life Income balance. Document the Evidence/Research Actions Taken/To be Taken Policy driven by good practice evidenced by PIN Guideline. NHS seen as employer of choice

19 Item No Considerations Detail Impact and Identify Groups Affected 4. Will the proposal have any Policy open to all staff impact on: Discrimination Equality of opportunity Relations between groups Other Document the Evidence/Research Actions Taken/To be Taken 5. Will the function/policy have an impact on the physical environment? For example will there be impacts on: Living conditions Working conditions Pollution or climate change Accidental injuries/public safety Transmission of infectious diseases Other No

20 Item No Considerations Detail Impact and Identify Groups Affected 6. Will the function/policy affect access to and experience of May impact on access to healthcare services? as could be reduced access to For example services due to working during Healthcare term-time managers required to Social services consider impact on services before Education making decision to grant a request Transport to work term-time Housing Document the Evidence/Research Actions Taken/To be Taken 7. Consultation 1) What existing consultation data do we have or need? Existing consultation sources Original consultations Key learning 2) What new consultation, if any, do you need to undertake? Consultation in line with NHST agreed process CLO staffside - APF DUPF - LNC - PG Dean - Corporate distribution list Consultation comments All relevant stakeholders consulted Amendments made to policy based on comments received during consultation

21 Item No Considerations Detail Impact and Identify Groups Affected 8. In relation to the groups identified What are the potential impacts on health? Will the function/policy impact on access to health No care? If yes - in what way? Will the function/policy impact on the experience of health care? If yes in No what way? Document the Evidence/Research Actions Taken/To be Taken Systems and processes to be put in place around use and benefits of the policy

22 Item No Considerations Detail Impact and Identify Groups Affected 9. Have any potential negative impacts been identified? If so, what action has been No proposed to counteract the negative impacts? (if yes state how) For example: Is there any unlawful discrimination? Could any community get an adverse outcome? Could any group be excluded from the benefits of the function/policy? (consider groups outlined in item 3) Does it reinforce negative stereotypes? (For example, are any of the groups identified at item 3 being disadvantaged due to perception rather than factual information?) Document the Evidence/Research Actions Taken/To be Taken

23 Item No Considerations Detail Impact and Identify Groups Affected 10. Data & Research Is there need to gather No further evidence/data? Are there any apparent gaps No in knowledge/skills? Document the Evidence/Research Actions Taken/To be Taken 11. Monitoring How will the outcomes be monitored? Who will monitor? What criteria will you use to measure progress towards the outcomes? Forums in place i.e. HRF to monitor issues/outcomes 12. Recommendations (This should include any actions required to address negative impacts identified)

24 Item No Considerations Detail Impact and Identify Groups Affected 13. Is a more detailed assessment No needed? If so, for what reason? Document the Evidence/Research Actions Taken/To be Taken 14. Completed function/policy Who will sign this off? When? HRF/APF/Staff Governance Committee 15. Publication Staffnet

25 Rapid Impact Checklist (RIC) : Summary Sheet Each policy must include a completed and signed template of assessment 1. Positive Impacts (Note the groups affected) 2. Negative Impacts (Note the groups affected) Staff Provides staff with opportunity to access Family Friendly policy. Promotes flexibility in working arrangements. No negative impacts identified Attract and retain staff. 3. Additional Information and Evidence Required Nil 4. Recommendations Nil 5. From the outcome of the RIC, have negative impacts been identified for race or other equality groups? Has a full EQIA process been recommended? If not, why not? No negative impacts identified therefore no full impact assessment required. Manager s Signature Elaine Dow Date