POLICY ON LEAVE OF ABSENCE FOR SENIOR MEDICAL STAFF. Recommending Committee: ApprovinAApproving Committee: Signature: Designation: Local Negotiating Committee (LNC) Local Negotiating Committee (LNC) Anne-Marie Stretch Director of Human Resources Version Number: Version 06 Date: July 2009 Review Date: July 2012 Responsible Officer: Medial HR Manager Equality Impact Assessment LOW Review Date July 2012
LEAVE OF ABSENCE POLICY FOR SENIOR MEDICAL STAFF 1. Introduction Senior Medical Staff may be absent from their clinical duties for many reasons including: (i) (ii) (iii) (iv) (v) Annual (holiday) leave Public Holidays Study/Professional leave Sick leave Other Leave 2. Purpose The purpose of this policy is to set out: (i) The reasons for such leave (ii) Entitlements to leave (where they exist) (iii) Processes for applying for/reporting leave 3. Policy Statement It is the policy of the Trust to ensure that the application and management of leave is applied fairly to all grades of junior medical staff irrespective of their race, sex, religion or belief, disability, age or sexual orientation. 4. Scope This policy applies to: All Consultants (including Locums) & Associate Specialists (Old T & C and 2008 SD(AS) T & C). This policy will be circulated to all of the above listed Doctors, Clinical Directors, Assistant Director of Ops (ADO s), Directorate Managers (DM s), Clinical Secretariat Managers. 5. Principles 5.1 Locums Page 2 of 11
It is not the policy of the Trust to employ locums for medical staff absent on leave, except where the period of leave is extended e.g. long term sick leave, maternity/paternity leave. In cases where the long term absence affects a rota or service, consideration may be given to securing locum cover. In all cases, locum appointments may only be made subject to the agreement of the Clinical Director and after discussion with the Medical HR Manager or their Deputy. 5.2 Needs of the service Leave is granted subject to the needs of the service by the Clinical Director or nominated Deputy. The Trust must be satisfied that appropriate arrangements have been made to cover work during absences. Practitioners are expected to identify such arrangements when they apply to be absent on leave, for example, wards, clinics, theatre lists, swapping of on-calls etc. 5.3 Notification At least 6 weeks notification of all leave (excluding sickness) is required at all times to the Clinical Director, Directorate Manager, Patient Booking and Outpatients as appropriate. However under paragraph 3 Schedule 18 of the 2003 Terms and Conditions of Service for Consultants they may take up to 2 days of their annual leave without seeking formal permission provided that they have given notification beforehand Annual Leave should be discussed at the Annual Job Plan Review. Dates for Annual Leave and the arrangements for the Consultants work to be done in their absence should be incorporated into the agreed Job Plan or alternatively agreed at least 6 weeks in advance, subject to suitable or alternative arrangements having been made to cover commitments. 5.4 Consultants/Practitioners with Honorary Contracts employed by other organisations. Consultants holding honorary contracts (Clinical Academics) must, in addition to following the relevant policies within their employing organisation, apply for all types of leave in accordance with this policy, if the planned absence will affect their fixed clinical commitment to St Helens and Knowsley Teaching Hospitals NHS Trust (STHK). For consultants who undertake sessions at STHK but are employed by another Trust, it is expected that they apply to STHK in accordance with this policy if the absence will affect their fixed expected clinical commitment to STHK. 6. Annual Leave 6.1 Entitlement The annual leave entitlement is detailed at Appendix X. Page 3 of 11
For the avoidance of doubt, when calculating annual leave, 1 week is equivalent to 5 days. Part time practitioners will receive an entitlement proportionate to their part time commitment. The leave year for all medical staff is the anniversary of their appointment. 6.2 Procedure for application Each Care Group has different recording procedures in place with which practitioners should make themselves familiar. This may include a minimum number of people being allowed to take time off during the same period. However the standard principles for the leave process should be followed as indicated on the Flow Chart Appendix Z. It is the responsibility of the Clinical Director/nominated Deputy to monitor all annual leave, ensuring that no-one exceeds their entitlement. If an excess of annual leave has been taken arrangements will be made to repay the leave out of the following leave years entitlement or by withholding pay for the number of days by which the leave allowance has been exceeded. 6.3 Carry forward of leave A Practitioner should take his/her annual leave during the year in which it is earned. Up to 5 days annual leave may be carried forward to the next year by applying in writing to the Clinical Director/Directorate Manager. In exceptional circumstances eg. staffing shortages, practitioners may apply to carry forward longer periods of annual leave. Application to do so should be made to the Medical Director stating the reasons why the application is made. 6.4 Bank Holidays Practitioners are entitled to 8 public holidays per calendar year, based on whole time working. Part time practitioners will receive an entitlement proportionate to their part time commitment. 6.5 Lieu Days A Practitioner in the course of his/her duty who is required to be present in the Hospital or other place of work between the hours of midnight and 9am on a Bank Holiday will be entitled to a day off in Lieu. When claiming lieu days, this should be indicated on your Annual Leave Form and recorded on your Leave records. 7. Study/Professional Leave Page 4 of 11
Study/Professional Leave is referred to under the Hospital Medical & Dental Staff and Doctors in Public Health Medicine and the Community Health Services Terms and Conditions of Service. Schedule 18 of the New Consultant Contract (2003).Associate Specialists on the new SD (2008) contract will be governed by the Terms and Conditions of Service (2008) Associate Specialist. 7.1 Definition Study Leave Study/Professional leave is granted for postgraduate purposes approved by the Trust, and includes study (usually, but not exclusively or necessarily, on a course), research, teaching, training, examining or taking examinations, visiting clinics and attending professional conferences. Study Leave is mainly used to enable staff to participate in continuing professional development benefiting both themselves and the Trust, e.g. attending a course or conference. It should be utilised to ensure staff are kept up to date with current best practice and would usually attract Continuing Medical Education (CME) credits. 7.2 Definition Professional Leave Professional leave involves a range of duties which are necessary for the broader benefit of the NHS but which involve staff being away from their employment base e.g. advising the Department of Health, participating in college duties, examining, Trade Union activities/duties etc. There are no additional types of leave other than Study/Professional leave to which there is an entitlement. 7.3 Study/Professional Leave entitlement within the United Kingdom As detailed in the Table Appendix X. 7.4 Study Leave taken outside of the United Kingdom As detailed in the Table Appendix X. Such leave may be granted by the Medical Director at the discretion of the Trust, with or without pay and with or without expenses or with any portion thereof. 7.5 Application & Authorisation Procedure for Study/Professional Leave All applications should be fully completed using the appropriate request form (including a copy of the programme, if applicable), details of any sponsorship, meals included in fees etc at least 6 weeks in advance of the leave period. Following completion, staff should submit their applications to their Clinical Director for authorisation. Should a query arise regarding the relevance or appropriateness of an application, the views of the Medical Director will be sought. Page 5 of 11
Clinical Directors should submit their applications to the Medical Director and the Medical Director will submit his/her applications to the Chief Executive. The onus is on the applicant to ensure that adequate cover for duties is in place prior to submitting their application for approval and those arrangements must be detailed fully on the Application Form. Once the leave application has been fully approved the Medical HR Team will issue an e-mail confirmation of approval, along with an expense claim form (if applicable). Only when this confirmation is received should the individual be satisfied that they are able to attend the study/professional leave applied for. It is the responsibility of the Medical HR Team to monitor all study leave requests in conjunction with the Medical Director who has overall responsibility for the Budget. Clinical Directors and Directorate Managers will receive a quarterly analysis of the leave authorised for their area. 7.6 Applications not approved For those applications not approved, application forms will be returned with an accompanying letter from the Clinical Director explaining the reason for nonapproval i.e. Exceeded Leave Entitlement, Service Issues, Notification Period. 8. Expenses 8.1 Within the United Kingdom Study/Professional leave that has been approved may be granted with pay, travelling and subsistence allowances together with any course fees. These expenses may only be granted if attendance will be beneficial to the NHS, and provided the doctor does not exceed their maximum entitlement to Study/Professional Leave. See Appendix Y. 8.2 Outside of the United Kingdom Expenses if granted will be in accordance with the agreed London Deal see Appendix Y. 8.3 Contributions to costs by outside bodies or Trust funds You must declare on your application form if an outside body is contributing towards costs or if monies are to be made available from Trust funds. If this is the case, claims should be made through the relevant channels. Applicants must observe the requirements contained in the Trust's "Corporate Governance Manual" and in particular, the "Standards of Business Conduct" for NHS staff. See STHK Intranet or NHS Employers Website www.nhsemployers.org.co.uk for access to these documents. Page 6 of 11
8.4 Claims for expenses Once the date of Study/Professional Leave has passed, applicants should complete the Study/Professional Leave expense form. Original Receipts must be attached where applicable, otherwise payment cannot be made. The completed form should be signed by the Clinical Director and forwarded to Pay and Staff Services to be processed. Clinical Directors will need to have their forms signed by the Medical Director. Claims for expenses must be submitted within 3 months of the date of attendance, otherwise they will not be paid. 8.5 Appraisals Detailed reports for Study/Professional Leave will be produced on at least an annual basis for use during the appraisal process. These can be requested via the Medical HR Team. 9. Sick Leave The payment of occupational sick pay is in accordance with National Terms and Conditions of Service. All staff employed by the Trust are required to comply with the Trust s policy on Attendance Management. 9.1 Reporting sick leave Absence due to sickness must be reported to the Clinical Director Secretary and the Medical HR Team before 10.00am on the first day of absence. Employees are required to provide details of their sickness and estimated date of return. Where the absence is expected to extend beyond 7 days, the Medial HR Team will notify the Clinical Director and Directorate Manager who will then notify the Medical Director. Periods of sickness exceeding 3 days must be documented in the following way: 4-7 days Self-certification form must be completed. More than 7 days - Certificate must be produced. All sickness certificates must be forwarded to the Medical HR Team in the first instance (and not direct to Pay and Staff Services) to enable accurate records to be inputted onto ESR. It is the responsibility of the Medical HR Team to monitor and report all sickness absence in conjunction with Individual Clinical Directors and Directorate Managers. Page 7 of 11
10. Sabbaticals Sabbaticals may be applied for for various reasons but normally with the objective of enhancing the skills and experiences of the practitioner involved. These are normally unpaid periods of leave. Such periods of leave are totally at the discretion of the Trust and must be applied for via personal letter to the Medical Director, explaining the reasons for the request and the intended period of the sabbatical. 11. Other Leave These categories of leave are governed by separate Trust policies which can be found on the Trust s Intranet: Special Leave (Incorporates Bereavement Leave) Maternity & Ante Natal Leave Policy Maternity Support (Paternity) Policy Adoption Leave Pay Policy Page 8 of 11
Appendix X Annual & Study Leave Allowances Table : All allowances quoted are per annum, unless otherwise stated. Grade Associate Specialist (Old Contract) Associate Specialist (New 2008 Contract) Annual Leave (includes statutory holidays) 33 10 30 33 after 2 years Study/Professional Leave with Pay & Expenses within a maximum of 30 days (including off duty days falling within the period of leave) in any period of three years for professional periods within the UK. Consultants 2003 Contract 33 35 after 7 years Authorities at their discretion may grant study or professional leave outside of the UK with or without pay, with or without expenses or with any proportion thereof Leave with Pay & Expenses within a maximum of 30 days (including off duty days falling within the period of leave) in any period of three years for professional periods within the UK. Consultant pre 2003 Contract Authorities at their discretion may grant study or professional leave outside of the UK with or without pay, with or without expenses or with any proportion thereof 33 10 *Plus 10 for Overseas over 3 year rolling period. Page 9 of 11
Appendix Y Study Leave Reimbursement Expenses Table : Expense Course/Conference/Meeting fees Allowance Part or whole of fee at Trust discretion Examination Fees are not paid Travel UK Equivalent to 2 nd Class Return Rail to London. 1 st Class Rail Deals will also be considered as long as the costs do not exceed the cost of 2 nd Class Travel. Car Mileage/Public Transport Taxis are not payable Overseas Grant Equivalent to 1 st Class Return Rail to London Subsistence Elsewhere in the UK 70 per night accommodation 25 per night for food London Deal 80 per night accommodation 25 per night for food Overseas Grant 125 per 24 hours NB All reimbursement is subject to the production of original receipts, payments will not be made without these. (Amounts correct as of July 2009). Page 10 of 11
FLOW CHART TO ILLUSTRATE THE APPLICATION PROCESS FOR ANNUAL & STUDY LEAVE. If not approved. Clinical Director to confirm in writing to the Doctor the reason(s) why. ANNUAL Complete in full Annual Leave Form, ensuring at least 6 weeks notice is provided. Form to be submitted to the Clinical Director for authorisation. (Please check Leave procedure for your Directorate). Inform Directorate Manager/ Patient Booking & Out-patients as a minimum. STUDY Complete in full Study Leave Form. ensuring at least 6 weeks notice is provided. Form to be submitted to the Clinical Director for authorisation. (Please check Leave procedure for your Directorate). Inform Directorate Manager/ Patient Booking & Out-patients as a minimum. If approved, form sent to Medical HR Team for processing. If not approved. Clinical Director to confirm in writing to the Doctor the reason(s) why. If approved, form sent to Medical HR Teamfor recording. E-mail confirmation sent to the Doctor with a claim form for reimbursement. To be claimed within 3 months of attendance. Page 11 of 11 Claim Form to be signed by the Clinical Director and submitted direct to Payroll with all receipts.