Term Time Policy Policy Number: 582 Supersedes: Classification Employment Version Date of Date of Date made Review Approved by: No EqIA: Approval: Active: Date: V1 W&OD Committee 18/09/2017 21/09/2017 18/09/2020 Brief Summary of Document: Term Time only contracts may be used to cover either the provision of services where there is only a need to provide those services during term time e.g. school nurses or where it may be beneficial to employees who have responsibility for the care of children. It should only be used subject to the requirements of the service. Scope: The provisions of this policy apply to all employees of Hywel Dda University Health Board. To be read in conjunction with: Owning Committee Executive Director: 111 -Annual Leave Policy 126 - Work life Balance Flexible Working Policy 128 - Maternity/Paternity/Adoption Leave Policy 138 - All Wales Sickness Absence Policy 201 - Disciplinary Policy All Wales Workforce & OD Committee Lisa Gostling Job Title Director of Workforce & OD 1 of 12 1
Version no: HYWEL DDA UNIVERSITY HEALTH BOARD Summary of Amendments: Reviews and updates Date Approved: 1 New Policy 18/09/2017 Glossary of terms Term LA TU Definition Local Authority Trade Union Keywords Term time Database No: 582 Page 2 of 12 Version 1.0
CONTENTS Contents 1. INTRODUCTION... 4 2. POLICY STATEMENT... 4 3. SCOPE... 4 4. STATUTORY CONTEXT... 4 5. GENERAL PRINCIPLES... 4 6. DEFINITIONS... 5 7. PAY... 5 8. APPLICATION... 5 a. Service led.... 5 b. Employee led.... 6 9. THE CONTRACT OF EMPLOYMENT... 6 10. HOURS OF WORK... 6 11. ANNUAL LEAVE... 6 Statutory Bank/Public Holidays... 6 12. SICKNESS... 6 13. MATERNITY... 7 14. PENSIONS... 7 15. APPLICATION PROCESS... 7 16. ROLES AND RESPONSIBILITIES... 7 a. CHIEF EXECUTIVE... 7 b. DIRECTOR OF WORKFORCE & OD... 7 c. MANAGER... 8 d. ROLE OF THE OF WORKFORCE AND ORGANISATIONAL DEVELOPMENT DEPARTMENT... 8 17. TRAINING... 8 18. FREEDOM OF INFORMATION ACT 2000... 9 19. RECORDS MANAGEMENT... 9 20. MONITORING... 9 21. DISCIPLINE... 9 22. APPENDIX 1 - WORKING OUT TERM TIME HOURS AND SALARY... 10 23. APPENDIX 2 - APPLICATION FOR TERM TIME WORKING... 12 Database No: 582 Page 3 of 12 Version 1.0
1. INTRODUCTION Term Time only contracts may be used to cover either the provision of services where there is only a need to provide those services during term time e.g. school nurses or where it may be beneficial to employees who have responsibility for the care of children. It should only be used subject to the requirements of the service. 2. POLICY STATEMENT All Term Time Only hours agreements will remain in accordance with existing contracts of employment and conditions of service. No Term Time Only hours agreement should be entered into without discussion with the Workforce and OD Department and consideration of the implications for continuity of service provision and the potential adverse impact on other colleagues. Such arrangements should be agreed locally to meet service needs. Individual requests for Term Time Only working (as opposed to posts advertised for term time only working) must be submitted and will be considered through the Hywel Dda University Health Board s (HDUHB ) 126 - Work life Balance Flexible Working Policy. 3. SCOPE The provisions of this policy apply to all employees of HDUHB. 4. STATUTORY CONTEXT Although it is recognised that not all of the flexible working patterns considered will be suitable for all staff groups within the organisation, there should be no arbitrary barriers. Employees in all areas and levels of the organisation will be considered for flexible working in accordance with the Equality Act 2010 regardless of their level of seniority, their current working pattern, or whether they are employed on a permanent or fixed term basis. However, there is no automatic right for employees to change to any of the flexible working patterns each application will be considered on the basis of the particular work involved and any detrimental effect the change could have on individual, team or HDUHB performance. The provisions of this policy will apply equally to all term time employees of the HDUHB. While it is the organisation s policy to be flexible on working patterns for all its employees, in order to ensure that it is complying with its legal obligations concerning the right to request flexible working, there may be situations where precedence has to be given to those who are eligible for this right. 5. GENERAL PRINCIPLES The number of weeks to be worked will be 39 weeks including inset days. The academic years can be found on the relevant Local Authority (LA) websites. (Carmarthenshire, Ceredigion, Pembrokeshire). Employees working term time will not be treated less favourably in relation to access to training or promotional opportunities. The appointing manager and employee will agree the number of hours worked during term time throughout the year excluding school holidays. The Line Manager and employee will agree the annual leave and unpaid leave at the start of each academic year. (This is relevant where sickness occurs, See Sickness section). Where a Term Time Only contract includes an element for inset days or additional time for other reasons, and the employee is not required to attend their normal place of work on these days, then they should use that time for administration, mandatory training, and record keeping updating or professional development. Inset days should be treated as normal working days and not additional holidays. Line managers should ensure that employees on term time only contracts fulfil the contractual weeks for which work is agreed. Database No: 582 Page 4 of 12 Version 1.0
All employees will receive a payment per month equivalent to 1/12 th of the salary for the hours that they work, including proportional annual leave and bank holiday entitlement averaged over the whole year. 6. DEFINITIONS Term Time working allows employees to remain on a permanent contract and gives them the right to unpaid leave during school holidays. Hours worked can be either full time or part time. Where part time hours are worked, salaries will be worked out on a pro-rata basis. 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 given. Unpaid weeks and annual leave weeks should be clearly agreed and labelled at the start of the academic year. These arrangements should be made a year in advance if possible. Calculations are based on: - Number of Term Time weeks = 39 (As determined by the Local Education Authority) - Number of weeks in a year = 52.143 All annual leave, unless there are exceptional circumstances, is to be taken during school holidays. To assist with the administration of sick pay, all annual leave must be booked using the ESR system, where possible and where not possible paper records should be kept and approved by the line manager. All remaining terms and conditions of employment are those of HDUHB employees as detailed in Agenda for Change: NHS Terms and Conditions of Service Handbook. As term time employees work less than whole time their entitlement to particular terms and conditions of employment will be on a pro rata basis to whole time employees thus giving parity to all employees of HDUHB. See Appendix 1. 7. PAY Pay should be calculated by the Line Manager using the Wales Term Time Working Calculator and sent to the payroll department on the Term Time Working Calculation Payroll Notification Form. A record of the calculations must be kept in the employee s personal file and attached to any payroll documentation. See Appendix 1. The salary of a term time employee is calculated by comparing the number of actual weeks worked by the term time employee with the actual weeks worked by a whole time equivalent employee and takes into account pro rata entitlements for annual leave and public/bank holidays. See Appendices. A term time employee s salary includes payments for annual leave and public/bank holidays, which is then paid in twelve equal monthly instalments on a pro rata basis. The pay of employees who work part-time during school term shall be calculated pro-rata. 8. APPLICATION Term time working may be applied in one of two ways. a. Service led. The requirements of the service may determine that term time working is most appropriate to a particular post i.e. school nursing. When a vacancy occurs, the post should be reviewed to take into account whether or not it is suitable for term time working. For the potential employee this should be stated clearly in the job advertisement. Many posts in the HDUHB may be suitable for a term time only contracts but, Database No: 582 Page 5 of 12 Version 1.0
as the demand for health services does not tend to go down significantly during school holidays, there is a limit to the number of term time posts each department or directorate can accommodate. If there are several requests for term time contracts in one department, a part-term time contract may be considered in order for more persons to benefit. If a term time only contract is granted, it will initially be for a fixed period of 5 years only and will be reviewed regularly. b. Employee led. An existing employee who experiences a change in personal circumstances may wish to change to a term time contract. In this instance the employee should make a written request through the flexible working policy to their line manager who will consider, where necessary, in consultation with the Workforce Department, whether it is reasonably practicable for the post to be worked on a term time basis. In reaching their decision, consideration will be given to the needs of the individual, the department and the service. 9. THE CONTRACT OF EMPLOYMENT Working during term time is a contractual agreement between HDUHB and the employee and will require there to be an amendment to contract if an existing employee is transferring from an alternative contract to term time working. This can be done using a change of circumstance form. In instances where an individual is seeking to work more than 39 weeks, or to have greater flexibility in relation to when leave may be taken, then it is more appropriate to consider an annualised hours contract to accommodate their specific needs. 10. HOURS OF WORK The contract of employment will detail the number of hours to be worked per week, exclusive of meal breaks during school term time. 11. ANNUAL LEAVE Employees contracted to work term-time only are entitled to all normal school holidays. Annual leave entitlement is added to the weeks that are worked to calculate pay. If employees request to take leave during term time it will be unpaid. The annual leave entitlement of a term time only employee is based upon the number of weeks worked by the term time employee compared with an employee on a full time contract. It is therefore allocated on a pro rata basis. Appendix 1 and refer to the term time calculator on the Health Board intranet (Link in Appendix 1). Statutory Bank/Public Holidays Employees are paid for these days, as they are included in the annual leave weeks. (Refer to the HDUHB 111 - Annual Leave policy to establish the hourly entitlement for each Bank Holiday). 12. SICKNESS In order for the normal sick pay and conditions to apply to term time employees, it is necessary that they book/allocate the appropriate amount of non-working time as annual leave on ESR. The Line Manager and employee need to confirm at the start of each year which weeks are annual leave and which are unpaid. In the unfortunate circumstances of a term time employee Database No: 582 Page 6 of 12 Version 1.0
being sick whilst on annual leave they will be able to claim back the annual leave in accordance with HDUHB 138 - All Wales Sickness Absence policy upon production of a GP s fit note. In situations where sickness absence extends beyond the individuals period of annual leave Section 8.4 of the HDUHB 138 - All Wales Sickness Absence Policy will apply. The right to reclaim annual leave for sickness relates exclusively to medically certified sickness periods. 13. MATERNITY Employees on a term time contract will be entitled to paid maternity leave in line with the HDUHB 128 - Maternity, Paternity and Adoption Leave Policy and Procedure. Employees will be able to reclaim periods where they would have been on annual leave. However, this will only be reimbursed following the period of Maternity Leave and the employee s return to the workplace. Annual leave including Bank Holidays will continue to accrue during maternity leave, whether paid or unpaid. It may be beneficial for the annual leave to be taken before/or after the maternity leave period. This would need to be agreed between the employee and Line Manager. 14. PENSIONS The effect of term time working upon an employee s pension should in all instances be discussed on an individual basis with the Senior Pensions Advisor in payroll. 15. APPLICATION PROCESS Where an employee wishes to apply for term time working, they should discuss their requirements with their manager prior to completing a flexible working request. Appendix 2. The manager must meet with the applicant within 28 days of receipt of the application, to discuss the request. Their manager may need more than one meeting with them, depending on the nature of their request. The employee may be accompanied by a TU representative or work colleague not acting in a legal capacity at these meetings if they wish. If the request is refused, the reasons will be explained to them in person and confirmed in writing. If the employee believes the request has been unreasonably refused, or if they do not get a response in writing from their manager within a reasonable or agreed period of time they may take their request to the next level of manager. Managers must ensure that a decision is made within the shortest possible time. If an employee remains dissatisfied, they should pursue the organisations Grievance Procedure. 16. ROLES AND RESPONSIBILITIES a. CHIEF EXECUTIVE The Chief Executive holds overall responsibility for the effective management of organisational policies. b. DIRECTOR OF WORKFORCE & OD The Director of Workforce & OD has responsibility for ensuring that all employment polices are developed in line with employment legislation and practice and are reviewed and updated as required Database No: 582 Page 7 of 12 Version 1.0
c. MANAGER If an employee approaches their manager with a request to work term time only, the manager must: Discuss the initial request with them and ensure they complete an application form. Consult with relevant colleagues, including other team members who may be affected, their own manager, Workforce and Organisational Development Department, etc on the implications of the proposed change. Consider how best to accommodate the request without impairing service standards Consult Workforce and Organisational Development Department where there is a proposed change to the terms of the existing contract or to pay and benefits. Agree with the employee a date by which they will have considered the request, taking account of its complexity as well as urgency. A meeting should take place as soon as practicably possible and within a period of 28 days following the receipt of the written request. The meeting will provide the opportunity to explore the desired work pattern and to discuss how best it might be accommodated. In situations where the transition to a term time contract is agreed by the manager, a change of circumstance form detailing the changes will need to be completed and an amendment to the contract of employment will be issued in due course. As a result of the complexities surrounding term time working relating to annual leave and sick pay entitlement it is essential that the calculation of all entitlements are agreed prior to the transition. It is also helpful to agree how they will apply during the first year, prior to the commencement of the term time contract. In situations where the line manager is of the opinion that the needs of the department or the service determine that a term time contract is inappropriate, written reasons will be given to the employee. The employee and the manager may then consider what, if any alternative working arrangements may be available to the employee. The Manager must Inform the employee of their decision in respect of the application and confirm this in writing. A decision should be conveyed to the employee within fourteen days after the date of the meeting. Ensure that Workforce and Organisational Development Department are notified of the decision and that any agreed changes are properly documented with a copy and change of circumstance form completed and kept in the employee's personal file. Each request must be judged on its merits and prevailing circumstances. Managers should bear in mind the need to be responsive to individual requirements whilst taking into account the overall needs of the team and the service. d. ROLE OF THE OF WORKFORCE AND ORGANISATIONAL DEVELOPMENT DEPARTMENT The Workforce and Organisational Development Department will provide advice and guidance on the development and implementation of term time working. 17. TRAINING All staff will be made aware of the existence of policies at Induction. Copies can also be viewed on the HDUHB s Intranet or obtained via the Workforce and Organisational Development Department. Training will be provided as appropriate depending on the complexity of the policy. Training may be provided at training sessions which all staff will be informed of via internal communication channels or their line manager in advance or via newsletters. Database No: 582 Page 8 of 12 Version 1.0
18. FREEDOM OF INFORMATION ACT 2000 All Health Board records and documents, apart from certain limited exemptions, can be subject to disclosure under the Freedom of Information Act 2000. Records and documents exempt from disclosure would, under most circumstances, include those relating to identifiable individuals arising in a personnel or staff development context. Details of the application of the Freedom of Information Act within the Health Board may be found in the Freedom of Information Act 2000 Policy. It is recommended that all parties familiarise themselves with the relevant parts of this Policy 19. RECORDS MANAGEMENT All documents generated under this policy, including applications, and formal notes and documents generated by managers and any review panel, are official records of the Health Board and will be managed and stored and utilised in accordance with the Health Board s Records Management Policy. 20. MONITORING Details of applications for Term time working will be recorded in a database and reported on periodically to the Partnership Forum and the Executive Board. The database will include equality monitoring data, which will be reviewed and presented to the Health Board s Equality and Human Rights Steering Group. 21. DISCIPLINE Breaches of this policy will be investigated and may result in the matter being treated as a disciplinary offence under the HDUHB s 201- Disciplinary Policy All Wales. Database No: 582 Page 9 of 12 Version 1.0
22. APPENDIX 1 - WORKING OUT TERM TIME HOURS AND SALARY The Welsh Partnership Forum requested a review of the calculation of annual leave in relation to staff who work term time in light of the fact that there were a number of different methodologies in place throughout NHS Wales. As a result, Section 6 of the All Wales Guidance Calculation of Annual Leave and Statutory Bank Holidays has been revised and the revision set out below will, in effect, replace the previous guidance. This approach should be adopted by all NHS Wales organisations and will be incorporated into a revised All Wales Guidance Calculation of Annual leave and Statutory Bank Holidays policy document in due course. It has been agreed that the new calculation will come into effect from 1 April 2016 and will apply prospectively. Annual leave for staff who work during school term time only must be calculated on a pro rata basis for part time staff. Term time staff are typically expected to take their annual leave and bank holiday entitlement during school holidays. Method of Calculation The method of calculation is based on: A B Multiplied by C Actual number of weeks contracted work per annum divided by Actual number of weeks in year (52.143) minus number of weeks annual leave and Bank Holidays per annum Number of contracted hours per week The following examples are based on the contractual entitlements in accordance with NHS Terms and Conditions: Example 1 is based on an individual who works for 39 weeks of the year and is entitled to 27 days annual leave plus 8 Bank Holidays (7 weeks) as if they worked the whole time during the year. A = Actual number of weeks contracted work per annum (39) divided by B = Actual number of weeks in year (52.143) minus number of weeks annual leave and Bank Holidays per annum leave per annum(7) = 45.143 Multiplied by C= Number of contracted hours per week (37.5) A/B x C = hours payable Therefore: 39 (A)/ 45.143(B) * 37.5 (C) = 32.41 hours payable for 52 weeks of the year Database No: 582 Page 10 of 12 Version 1.0
Example 2 is based on an individual who works 39 weeks of the year and is entitled to 29 days annual leave plus 8 Bank Holidays (7.4 weeks) as if they worked the whole time during the year. A = Actual number of weeks contracted work per annum (39) divided by B = Actual number of weeks in year (52.143) minus number of weeks annual leave and Bank Holidays per annum leave per annum(7.4) = 44.743 Multiplied by C= Number of contracted hours per week: A/B x C = hours payable Therefore: 39 (A)/ 44.743(B) * 37.5 (C) = 32.66 hours payable for 52 weeks of the year Example 3 is based on an individual who works 39 weeks of the year and is entitled to 33 days annual leave plus 8 Bank Holidays (8.2 weeks) as if they worked the whole time during the year. A = Actual number of weeks contracted work per annum (39) divided by B = Actual number of weeks in year (52.143) minus number of weeks annual leave and Bank Holidays per annum leave per annum(8.2) = 43.943 Multiplied by C= Number of contracted hours per week(37.5): A/B x C = hours payable Therefore: 39 (A)/ 43.943 (B) * 37.5 (C) = 33.31 hours payable for 52 weeks of the year Calculating the salary for a term time employee Hours per week x hourly rate x 52.143 = Annual salary Calculating the salary for a term time employee Hours per week x hourly rate x 52.143 = Annual salary Hours per week are calculated by the calculator (excel) available through your manager The term time working calculator is available on the intranet under http://nww.working4us-hduhb.wales.nhs.uk/term-time-working Database No: 582 Page 11 of 12 Version 1.0
23. APPENDIX 2 - APPLICATION FOR TERM TIME WORKING Once you have completed the form, you should immediately forward it to your line manager (you might want to keep a copy for your own records). If the request is granted, this will be a permanent change to your terms and conditions unless otherwise agreed. Name: Pay No: Post: Hours: Department: Hospital: I wish to apply for a Term Time contract commencing on. Statutory right to request flexibly working I have worked for the HB for at least 6 months Yes/No I am the parent or have parental responsibility for a child under the age of 18 Yes/No I am making this application to enable me to care for an eligible child Yes/No I am making this application to enable me to care for an adult Yes/No I have not made a previous application to work flexibly under this right during the past 12 months Yes/No Please indicate the reasons for your request, how this would assist you and what working pattern you would prefer: Please outline any implications of this change for the Department: I have read and understood the Term Time Contract Policy. I agree to the conditions of service governing the application of the Term Time Contract Policy as defined by the UHDHB policy Signed:. Date:... Database No: 582 Page 12 of 12 Version 1.0