Validation Date: 10/06/ /10/ /01/2015 Review dates may alter if any significant changes are made

Transcription

1 Document Type: PROCEDURE Title: Management of Leave for Medical Staff Scope: All Medical Staff employed in the Trust Author/Originator and title: Andrea Padgeon, Medical Workforce Manager Replaces: CORP/PROC/602 version 2 Medical Workforce Absence Name Of: Divisional/Directorate/Working Group: Validated by: JLNC Dr Ruth Palmer Chair JLNC Prof. Mark O Donnell Medical Director Unique Identifier: CORP/PROC/602 Version Number: 3 Status: Ratified Classification: Organisational Responsibility: Human Resources Division Description of amendments: Removal of minimum numbers authorised to take leave Date of Meeting: Validation Date: 10/06/ /10/2014 Ratified by: Ratified Date: Trust Management Team 29/01/2015 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? 1-4 Issue Date: 29/01/2015 Review Date: 01/10/2017 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 PROCEDURE Leave Entitlements Annual Leave Leave Years Bank Holidays Study/Professional Leave Sabbatical Leave Other Types of Leave Approval and Booking of Leave Approval of Leave Responsibility for booking leave Night Duty Popular Holiday Periods Length of Leave Request Longer periods of leave Lieu Days Sick Leave Sickness during Annual Leave Cover for absent colleagues due to sickness Other Leave Carry Over Of Annual Leave 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 Appendix 1: Equality Impact Assessment Form Page 2 of 13

3 1 PURPOSE The purpose of these general guidelines is to ensure that a consistent approach is being applied by the Trust in the management of absence both planned and unplanned for Medical staff so that disruption to clinical activity and the need for locum cover is reduced. As the needs of every Directorate / Department are varied in terms of the number of doctors required to provide a daily service the guidelines are designed to provide guidance on the generic conditions of service, other Trust policies and principles applicable to Medical staff absence. 2 SCOPE The policy applies to all Medical Staff employed in the Trust, including trainees. 3 PROCEDURE The following guidelines are based on the terms and conditions of service issued by NHS Employers for the employment of Hospital Medical and Dental Staff in general and for Consultants under the 2003 Consultant Contract, and the Terms and Conditions of Service for Specialty doctors England (2008). 3.1 Leave Entitlements Annual Leave Entitlements indicated refer to full time practitioners. Part-time practitioners are entitled to the same amounts on a pro-rata basis. a) The following practitioners are entitled to annual leave at the rate of 6 weeks per year (30 working days plus 2 days previously designated as statutory days based on a 5 day week Monday - Friday) Consultant (old contract) Consultant (new contract) with up to 7 years completed Consultant service (for 7+ year s service the entitlement is 32 days plus 2 days as above). ST 3 and above (on 3 rd or higher incremental salary point) Associate Specialists Clinical Assistants Staff Grades - who have completed 2 years in the grade or who had 6 weeks entitlement in a previous post and Trust Grades in equivalent posts. Specialty Doctors who have completed 2 years service in the grade. b) The following practitioners are entitled to annual leave at the rate of 5 weeks per year (25 working days plus 2 days previously designated as statutory days) ST2s and below (on the minimum point, point 1 and point 2 salary scale) Registrars (including Trust Registrars and Clinical Fellows in equivalent posts) Staff Grades with less than 2 years in the grade. Specialty doctors with less than 2 years service in the post. Page 3 of 13

4 Trust ST posts Foundation Trainees Managing annual leave consistently and fairly across the team can sometimes be difficult. A week, for the purpose of annual leave entitlement, consists of whatever constitutes the practitioner s normal working week. So for a practitioner (whether part time or full time) who works a three-day week, a week s leave entails three working days off. Leave cannot apply to a day when no work is scheduled to take place. Annual leave entitlement (days per annum) is based on the assumption that the normal working week is five days. Therefore, if the timetabled working week is only 3 days, the annual leave entitlement is based on the pro-rata calculation of 3/5 x annual entitlement equals the annual leave for entitlement for that individual. Taking an extreme example, it is possible that a practitioner could deliver their contractual commitment in two days of work. If a consultant in that position took all their leave in individual days rather than weeks (on the assumption that 6 weeks = 30 days), they could spend several months away from the hospital. Although this is an extreme example, the principle that such a way of using leave is not consistent with professionalism and is unfair on his/her colleagues can be easily understood. In this case, the annual leave entitlement could be expressed as 2/5 x 30 = 12 days. Practitioners should aim to take their leave to impact proportionately on their DCC and SPA (and external duties) activities Leave Years For Consultants on the new contract and SAS doctors the leave year runs from the 1 st April to 31 st March, the exceptions to this are: Consultants on the old contract and those who transferred to the new contract retain the anniversary of their start date for their annual leave start date, please check records held with Medical Workforce where this applies. For ST3 and above the leave year is 1 st November 31 st October each year. For Junior Doctors on rotation posts who commence in the Trust in February or August the leave year will be split into 6 monthly periods commencing on the first Wednesday of February or August each year. For those on 4 month placements; leave is divided into 4 monthly periods Bank Holidays All Medical staff are entitled to 8 Bank Holidays per year. These include: Good Friday Easter Monday May Day ( i.e. first Monday in May) May Bank Holiday Monday August Bank Holiday Monday Christmas Day Page 4 of 13

5 Boxing Day New Years Day If not rostered to be on duty on one of these days then this is taken as the designated Bank Holiday. If a duty is rostered for these days i.e. on call duty of shift then the individual will be entitled to a day in lieu for each day rostered. If an individual is rostered for duty the day before a Bank Holiday and that shift takes them into a Bank Holiday then a lieu day will be granted. In any event, only one lieu day will be granted Study/Professional Leave a) Maximum of 30 days in any period of 3 years Consultants (Both contracts) Associate Specialists Staff Grades Specialty Doctors There is no differentiation between study and professional leave in the conditions of service and all entitlements include both types of leave. Additional leave over and above this will be at the discretion of the Trust via agreement with the relevant Head of Department, and Divisional Directors for Head of Department requests. (Where there is a dispute the Divisional Director will provide a final decision.) If, however, a doctor has a regular professional commitment relating to the wider NHS e.g. Royal College representative, examiner etc. then this would be subject to job planning arrangements and be reflected within programmed activities/sessions by agreement. It is expected that part-time practitioners keep up to date on the same basis as full time practitioners and the entitlement will be on the same basis as a full time colleague. Study leave can be taken in non-working periods and relevant expenses will not unreasonably be refused. b) Up to a maximum of 30 days a year or as defined in the Terms & Conditions of Service Para. 251 c Specialty Trainee Trust ST s Registrars F2 Trainees Doctors not in approved training posts should apply for study leave under the Trust s procedure for study leave. For Doctors in recognised training posts the Trust s clinical specialty lead must approve the leave. Whilst study leave should be given priority over other leave requests individuals should check with the appropriate rota co-ordinator prior to requesting leave and should look at alternative dates wherever possible if leave dates clash. Private study leave is however discretionary and should only be considered when an exam is applied for and taken within 3 months of the exam dates although not necessarily the week immediately prior to the exam. Page 5 of 13

6 3.1.4 Sabbatical Leave Sabbatical leave can be requested under the Trusts current Employment Break Policy. However proposals for such leave should be made before the annual appraisal and considered in the annual job plan review Other Types of Leave Other types of leave may include Maternity Leave, Paternity Leave, Sick Leave, Special Leave e.g. bereavement, interview leave. Reference to Trust Policies covering these absences should be made for these types of leave. Requests for unpaid leave must be discussed with the Head of Department in the first instance and agreement for such leave will be subject to the exigencies of the service and conditions contained in other relevant Trust policies as those detailed above. 3.2 Approval and Booking of Leave Approval of Leave All leave requests should be approved by the Head of Department and Departmental Manager. Notice requesting approval must be provided for blocks of leave up to 10 days (2 weeks), and approval must not compromise the safe provision of will be declined if the Head of Department/Divisional Director considers staffing levels to be unsafe. Leave requests for Heads of Department should be approved by the Divisional Director. Approval of leave should not be assumed until the approving manager has signed the leave request form. Failure to obtain a signed approval form may result in absence being recorded as unauthorised and unpaid and may result in further action being taken. Medical practitioners have a professional responsibility to agree minimum staffing levels to ensure safe and consistent service provision. Each team/department/specialty should have an agreed leave plan in place to maintain a safe and effective service in consultation with the appropriate manager (i.e. Head of Department). 6 weeks notice of leave is required, to enable cover arrangements to be made. Applications with less than 6 weeks notice will not normally be considered if they will lead to short notice of cancellation of clinical activity. To minimise the disruption of clinic bookings, it is good practice for consultant staff in particular to book their leave as far ahead as possible. (Even if this amounts to provisional timing of leave, the re-booking of patients will be easier.) It is recommended that junior doctors on short term rotations request annual leave within the first 2-3 weeks of commencing in a particular rotation or if possible prior to commencing the rotation with the named rota co-ordinator for that service. If leave is not booked during this timeframe then the rota co-ordinator may allocate/roster leave to ensure that all Doctors have access to a minimum of 1 weeks continuous leave during the duration of their contract. In seeking approval for annual leave from the Head of Page 6 of 13

7 Department the rota co-ordinator will consider both total number and composition of the specialty team. Services aim to have no more than 25% of trainees to be absent at any one time. Study Leave requirements however are not always apparent within the first 2 weeks of a contract and therefore the 6 week rule should be applied when seeking approval. Each request should be treated on its own merits and in discussion with the Head of department Responsibility for booking leave It is the individual Doctors responsibility to check with colleagues/ and the co-ordinator that the leave periods required are available i.e. that there are no more than 25% of trainees absent at that time (see recommendations for consultants 3.2.1) and cover can be arranged where possible. Annual Leave Request forms should then be completed and submitted via the rota co-ordinator to obtain approval. For rotas which include prospective cover the name of the doctor who is to cover the out of hours duties during the leave period must have agreed to this and signed the form as consent to providing cover Night Duty Leave requests during night duty periods should be avoided wherever possible and alternative courses should be researched by the individual. However it is acknowledged that Exam dates cannot be re-scheduled and that adequate notice is provided to the doctor for these dates Popular Holiday Periods These periods include school holidays, Bank Holiday periods and end of contract periods and leave requested for these times should be agreed mutually with colleagues on the same rota, in the directorate and sub-specialty where appropriate. This leave will also need to be arranged in the context of the minimum number of clinicians required to be on duty (see below). The Divisional Director will be the final arbiter in any dispute Length of Leave Request Whilst there is no specific minimum or maximum periods identified within conditions of service, individual requests for leave will be considered by the Divisional Rota Co-ordinator and Head of Department in line with the needs of the Department including any previously agreed absences for other Doctors during the period of the request, prospective cover issues etc. However, in order to ensure that all Doctors can take leave within the relevant leave year, requests should be made for leave in blocks of no more than 2 weeks whenever possible. All requests for leave will be treated on an individual basis, subject to the process in 3.2.1a and e). If there is a weekend on call duty during the period of leave requested and prospective cover is included in the rota then this must be swapped with a colleague. In the few rotas where prospective cover is not included in the rota arrangements then the Divisional Rota Co-ordinator will seek Locum cover for up to 2 weekends per doctor in the leave year on the basis of the rota frequency as follows: Page 7 of 13

8 Rotas worked 1:4 1:6-2 weekends in a leave year (1 weekend in each 6 mth period) Arrangements must be made by the individual doctor if more than 1 weekend on call duty falls within leave period requests within a 6 month period. Rotas worked 1:7 or less frequent - 1 weekend in a leave year Longer periods of leave Individuals may in certain exceptional circumstances request a long period of leave, usually of more than 2 weeks duration for special reasons e.g. to make special trips, get married etc. Such requests will be considered by the Divisional Director in the light of other requests for leave from colleagues, service implications and agreement of colleagues to cover on call periods. It is the responsibility of the individual making the request to arrange cover as in a) above Lieu Days Individuals who accrue Lieu should book them following the same process as Annual Leave Sick Leave Conditions of Service govern payments relating to sick leave and all Doctors are advised of this within their Contracts and the Trust Policy on Sickness Absence covers the management of all sickness absence. For Doctors in training advice should be sought from the named Medical Workforce Advisors for that directorate at the trigger points identified under the Sickness Absence Policy as it may affect their training requirements and the involvement of the Postgraduate Tutor/Foundation Director may be required. Management of Deanery Trainee sickness absence is the responsibility of the Head of Department as outlined in the service level agreement between the Lead Trusts, Pennine Acute Trust and North Lancs Trust further advice should be sought from the HR team. The Medical Workforce team will report this on a monthly basis to Lead Trusts. All Doctors are required to follow basic principles if reporting sick: 1. Always in the first instance telephone your Department via the Divisional Rota Coordinator as soon as it is clear you are unable to work indicating the reason for absence and the likely duration of absence if possible. 2. For absence up to 7 days a self-certificate should be completed on return to duty available from your Divisional Rota Co-ordinator who is accountable to your Head of Department for recording sickness absence. For services who do not have a Divisional Rota Co-ordinator the Head of department will provide you with a point of contact for this purpose. 3. For absence over 7 days a Medical certificate is required from a GP. 4. Contact with your department named contact/rota co-ordinator during the absence should be maintained and this should be no less than weekly if the length of absence Page 8 of 13

9 is uncertain. 5. Advise your department named contact/rota co-ordinator of a return to work date as soon as it is known Sickness during Annual Leave If a doctor falls sick during a period of annual leave and they produce a statement to that effect they will be regarded as being on sick leave from the date of the statement and annual leave days will be given back. Any outstanding annual leave at the end of a leave year will however be treated under the procedure in Paragraph 3.4 below. For further information please refer to the Trust s management of sickness absence policy Cover for absent colleagues due to sickness i) Consultants, Associate Specialists, Staff Grade Doctors and Specialty Doctors are expected, as part of their normal duties to deputise for absent colleagues as far as is reasonably practicable as indicated in terms and conditions of service. Cover in these circumstances will be for a maximum of 7 working days before formal review and recourse to the Trusts Remuneration Policy or longer term recruitment cover plans. ii) For all other Doctors conditions of service indicate that cover in such circumstances will be for short periods only. In such circumstances this will be for the immediate or next immediate shift/duty period until alternative arrangements can be made by the Department Other Leave There are no specific limits in conditions of service for all other leave with the exception of Maternity, Paternity and Adoption Leave. Trust Policies exist for other absences and guidelines contained within these should be followed in authorising amounts of time off. The HR team will provide advice as necessary on the application of these policies. 3.3 Carry Over Of Annual Leave All Medical Staff should take their allocation of annual leave within their leave year. General Terms and Conditions of Service allow for up to 5 days annual leave to be carried over into the next leave year subject to a formal request to do so being agreed. There are, however, exceptions to this when additional leave can be carried over for example if someone has been ill during their leave and reference should be made to management of Sickness Absence Policy. For Doctors on rotational posts on a 4/6 monthly basis or in posts for 6 12 months which commence in February, April, August or December each year it is recommended that wherever possible accrued leave for each 4/6 month period be taken within that period of rotation especially where prospective cover arrangements are in place. Any outstanding leave at the end of a contract will be lost if the opportunity to take it during the contract has not been taken unless the Trust has prevented leave being taken when requested. In this case outstanding leave will be paid. Page 9 of 13

10 4 ATTACHMENTS Appendix Number Title Appendix 1 Equality Impact Assessment 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 29/01/ Wards, Departments and Service 29/01/ OTHER RELEVANT/ASSOCIATED DOCUMENTS Unique Identifier Title and web links from the document library CORP/POL/011 Management of Sickness Absence Leave docx CORP/POL/229 Special Leave doc CORP/POL/246 Medical Staff Study Leave doc CORP/POL/521 Work-Life Balance docx CORP/PROC/202 Maternity Leave and Pay doc CORP/PROC/640 Remuneration for Senior Doctors docx 8 SUPPORTING REFERENCES/EVIDENCE BASED DOCUMENTS References In Full NHS Employers. (2003). Terms and Conditions Consultants (England) Available: nsultant_contract_v9_revised_terms_and_conditions_300813_bt.pdf. Last accessed 18/12/2014. NHS Employers. (2008). Terms and conditions of service specialty doctors England. Available: ms_and_conditions_specialty_doctor_2014%20final.pdf. Last accessed 18/12/ CONSULTATION WITH STAFF AND PATIENTS Name Designation Joint Local Negotiating Committee Page 10 of 13

11 10 DEFINITIONS/GLOSSARY OF TERMS DCC Direct Clinical Care GP General Practitioner NHS National Health Service SAS Speciality Associate Specialist SPA Supporting Professional Activities ST3 Specialist Training year 3 11 AUTHOR/DIVISIONAL/DIRECTORATE MANAGER APPROVAL Issued By A Padgeon Checked By Sonya Clarkson Job Title Medical Workforce Job Title Head of Medical Project Manager Workforce Date 02/10/2014 Date 06/10/2014 Page 11 of 13

12 Appendix 1: Equality Impact Assessment Form Department Medical Workforce Service or Policy Policy Date Completed: 28/05/13 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 social 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 iii. 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 groups? Does the policy/development promote access to services and facilities for any group in particular? Issue Action Positive Negative Policy approved at JLNC Consistency across the organisation Policy issued to provide a consistency in the booking and approval of leave for medical staff No No No No Page 12 of 13

13 Appendix 1: Equality Impact Assessment Form Does the service, leaflet or No policy/development impact on the environment During development At implementation? ACTION: Please identify if you are now required to carry out a Full Equality No (Please delete as Analysis appropriate) Name of Author: Signature of Author: Andrea Padgeon Date Signed: 28/05/13 Name of Lead Person: Signature of Lead Person: Name of Manager: Signature of Manager Andrea Padgeon Date Signed: 28/05/13 Sonya Clarkson Date Signed: 10/06/13 Page 13 of 13