Annual Leave PERS 28

Annual Leave PERS 28 ICO Version: 2.0.0 Name & date of Approval Committee: Quality Assurance Committee 16 th October 2014 Name and & date of Ratification Committee: Senior Executive Management Team (SEMT) 23 rd October 2014 Name of Reviewer: Jennie Pennifold Date Published: October 2014 Next Review date: October 2017 Document Replaces / Annual Leave Policy (Pers 28) ICO V 1 incorporates: Applies to : All employees of Southport and Ormskirk Hospital NHS Trust (with the exception of Medical staff) This document is available in Braille, large text and electronic format on request. ICO Version No. 2.0.0 Page 1 of 16

CONTENTS (Ctrl + click on hyperlink to relevant section) 1. INTRODUCTION... 4 2. PURPOSE... 4 3. SCOPE... 4 4. EXPLANATION OF TERMS... 4 5. DUTIES... 5 5.1. Chief Executive... 5 5.2. Line Manager... 5 5.3. Employees... 5 5.4. Human Resources... 5 6. POLICY CONTENT... 5 6.1. Annual Leave Year... 5 6.2. Annual Leave Entitlements... 5 6.3. Calculation of Reckonable Service... 6 6.4. Determining the length of Reckonable Service... 6 6.5. Entitlement on joining the Trust... 6 6.6. Entitlement on Changing Working Hours... 7 6.7. Term Time Contract Working... 7 6.8. General Public Holidays... 8 6.9. Carry Over of Annual Leave... 9 6.10. Sickness Occuring During Annual Leave or Bank Holidays... 9 6.11. Entitlement on Leaving the Trust... 10 6.12. Annual Leave Accrued whilst on Maternity Leave... 10 7. CONSULTATION... 11 8. EQUALITY ANALYSIS ASSESSMENT... 11 9. DISSEMINATION AND IMPLEMENTATION... 12 10. MONITORING COMPLIANCE WITH THIS DOCUMENT... 12 11. REFERENCES... 12 12. ASSOCIATED DOCUMENTS... 12 13. APPENDICES... 13 13.1. Agenda for Change: Annual Leave Entitlement for complete years exclusive of Bank Holidays... 13 13.2. Agenda for Change Calculation of Bank Holiday Entitlement... 15 ICO Version No. 2.0.0 Page 2 of 16

Version Control Summary Version Date Author Status Comment 2.0.0 24.10.14 J Pennifold Final Intranet Copy Revision History Revision Reviser Revisions Made date 28/08/14 J Pennifold ICO formatted. 03/10/204 J Pennifold Udate to systems used to record utilisation of annual leave. ICO Version No. 2.0.0 Page 3 of 16

1. INTRODUCTION Agenda for Change (AfC) terms and conditions determines the allocation and accrual of annual leave. 2. PURPOSE This policy sets out a uniform and equitable approach to the calculation of annual leave and Bank Holiday entitlements which takes into account the entitlements defined under AfC. AfC annual leave exceeds statutory requirements as determined by the European Working Time Directive (EWTD). This policy sets out the occasions when statutory provisions apply in place of AfC. 3. SCOPE The Policy applies to all Trust employees who are employed under agenda for change terms and conditions, with the exception of bank staff. 4. EXPLANATION OF TERMS Annual Leave A paid number of hours each year for which a member of staff can be away from work with agreement of the Trust. ESR Electronic Staff Record; the Trust electronic staff records. IAT Inter Agency Transfer; a process through which previous NHS employment details are shared between NHS organisations. EWTD European Woring Time Directive; a Euroeane directive from the Council of Europe which establishes minimum requirements in relation to working hours, rest periods and annual leave. ICO Version No. 2.0.0 Page 4 of 16

5. DUTIES 5.1. Chief Executive The Chief Executive will retain overall responsibility for the management of the Annual Leave Policy. 5.2. Line Manager The Line manager is responsible for calculating the annual leave and bank holiday entitlement and validating this against the entitlement held in the Electronic Staff Record (ESR) system through Manager Self Service (MSS). The line manager is responsible for ensuring that annual leave is utilised evenly throughout the annual leave year. The line manager is responsible for recording leave taken through the electronic SVL (Standard Variation List), MSS or via the Trust Healthroster system. 5.3. Employees Employees are responsible for applying for leave in accordance with departmental procedures. Employees should be aware that approval of annual leave is subject to the needs of the service. Approval should therefore always be sought before booking travel arrangements etc. Employees are responsible for ensuring they utilise leave evenly throughout the year. 5.4. Human Resources Human Resources (HR) will train managers on the use of Manager Self Service and monitor the use of annual leave throughout the leave year. 6. POLICY CONTENT 6.1. Annual Leave Year The Trust s annual leave year runs from 1 st April to 31 March. 6.2. Annual Leave Entitlements Basic annual leave provisions under Agenda for Change are set out below. This entitlement includes the consolidation of the two extra statutory days. The basic annual leave provision is pro rata for members of staff working less than full time hours. ICO Version No. 2.0.0 Page 5 of 16

Length of Service On Appointment After 5 years service After 10 years service Annual Leave and General Public Holidays 27 days + 8 days 29 days + 8 days 33 days + 8 days The Trust Policy is to calculate annual leave entitlements in hours not days for all staff regardless of whether the employee is full-time or part-time. The benefit for all Trust employees in calculating entitlement in hours is that this ensures equity for all by ensuring staff who work variable hours/shifts do not receive more or less than colleagues who work a standard working pattern. The calculation of annual leave entitlements pertaining to all staff as contained in Appendix 1 have been rounded up or down to the nearest ½ hour. In addition to their annual entitlement Trust employees will be entitled to 8 paid General Public Bank Holidays. In the case of part-time staff this entitlement is prorata to the full time allowance of 8 days. The calculation of this entitlement will be proportional to the number of basic contracted hours worked. Bank Holiday entitlements are contained in Appendix 2. To calculate an employee s total leave entitlement inclusive of Bank Holidays the figures from Appendix 1 and Appendix 2 should be added together. 6.3. Calculation of Reckonable Service An employee s continuous previous service with a NHS Employer will count as Reckonable Service in respect of annual leave. In addition, aggregated NHS service i.e. any full calendar months that have been worked in the NHS, regardless of whether or not there has been a break in service, will count as Reckonable Service for annual leave. 6.4. Determining the length of Reckonable Service In order to have previous service regarded as Reckonable Service; staff will need to provide formal documentary evidence of any relevant Reckonable Service. Continuous NHS employment will be confirmed by the payroll department through an Inter Authority Transfer (IAT) on the Electronic Staff Record (ESR) system. 6.5. Entitlement on joining the Trust All new members of staff will be entitled to annual leave plus Bank Holidays in the year of joining the Trust on a pro-rata basis. ICO Version No. 2.0.0 Page 6 of 16

Entitlement is calculated based on the number of FULL COMPLETE CALENDAR MONTHS worked after the date of joining and before the end of the annual year. The Trust will allow employees who commence up to the first Monday,or Tuesday if the Monday falls on a Bank Holiday, in a calendar month to receive the full annual leave entitlement in respect of that calendar month. Employees who join after the first Monday/Tuesday in a calendar month will not receive leave entitlement for the part month. Annual leave entitlement for part years can be calculated using Appendix 1 and Appendix 2 but this must be pro-rata to the number of months in the leave year since joining. Annual leave is calculated based on 1 / 12 th for each complete calendar month subject to the terms of the paragraph above. The Bank Holiday hours entitlement will be based on the number of actual Bank Holidays remaining in the current leave year from the date of joining. Entitlements are automatically calculated through an accrual plan within the Electronic Staff Record (ESR) system, but managers should check this for accuracy prior to the start of the annual leave year. 6.6. Entitlement on Changing Working Hours Where staff change their contracted hours, this will result in a re-calculation of their annual leave entitlement based on completed months on the new and the old contracted hours to give the full year entitlement. The Trust policy is that where staff change their contracted hours part way through a month they should not lose entitlement. Therefore, in these cases the entitlement for the first month will be calculated on the basic weekly contracted hours that they predominantly worked for that initial month. 6.7. Term Time Contract Working An agreed number of hours/weeks are worked during the school term time and payment of these hours are averaged out over twelve equal payments and paid monthly. This includes payment for annual leave. Staff working term-time are entitled to receive bank holidays on a pro-rata basis. The pro-rata will be relevant to the number of hours/weeks worked. Term time staff will have their bank holidays incorporated into their average salary payment arrangements, as above. For those staff working term time only, there may be occasions during the school holidays when they are normally on leave, where there is a requirement for them to come in to work. Staff would be given the time back in lieu, or in very exceptional circumstances, payment would be made. ICO Version No. 2.0.0 Page 7 of 16

6.8. General Public Holidays A general public Bank Holiday shall be defined as a period of normal duty that starts within the period of 24 hours from midnight to midnight. Employees will be entitled to all paid General Public Bank Holidays in the leave year. All part-time staff are entitled to the Bank Holidays pro rata to the full time allowance. The Trust recognises the following 8 bank holidays:- Christmas Day Boxing Day New Year s Day Good Friday Easter Monday May Day Spring Bank Holiday August Bank Holiday On each and every occasion an employee takes paid time off on a Bank Holiday as part of their basic week, the appropriate deduction of their normal basic working hours for that day will be made from their overall entitlement (i.e. Appendix 1 and 2 combined). Where operationally possible and subject to mutual agreement an employee may change their days of working during a Bank Holiday week and therefore retain their leave entitlement in respect of the Bank Holiday. This can then be taken as time off at another time For Example: Employee A is not required to work on May Bank Holiday. Their normal contracted hours of work are 18 per week. They would normally work 6 hours on a Monday and they have less than 5 year s service. So, using the above principle 6 hours would be deducted from their total entitlement of 126 hours (97+29). Employee B works 30 hours per week. They would normally work 7.5 hours on a Monday and have over 10 year s service. They are required to work on May Bank Holiday so their leave entitlement remains intact. They are not, however, required to work on August Bank Holiday so 7.5 hours will be deducted from their total leave entitlement of 246 hours (198+48). For full time staff who are never required to work on any Bank Holidays that fall on a normal working day, they should have this deducted from their entitlement at the beginning of the leave year. However, this deduction cannot be made, if the employee s working days vary. ICO Version No. 2.0.0 Page 8 of 16

For part time staff, who are never required to work on any of the Bank Holidays that fall on a normal working day the above deduction should not be applied, as protection could be applicable and they may wish to apply for the option to change their working days, subject to mutual agreement. There will be some years when more (or less) than 8 Bank Holidays fall within the leave year such as the Easter Bank Holidays which can be March or April. When this situation arises the appropriate hours adjustment i.e. plus or minus, will need to be made using the final column of Appendix 2. 6.9. Carry Over of Annual Leave The Trust expects that within the annual leave year staff should be provided with the opportunity to take all their annual leave. In exceptional circumstances up to one week of basic contracted hours may be carried over to the following year, with the prior agreement of the Manager. Employees who are absent from work due to sickness but are returning to work (particularly relevant to long term sickness) will accrue and may carry forward any untaken occupational annual leave from the previous year. This accrued and carried forward leave must be used to extend or supplement a phased return to work. Employees who do not return to work following sick leave will carry forward annual leave to statutory levels, as set out in the European Working Time Directive. In addition, untaken annual leave (occupational entitlement) accrued in the leave year in which the termination of employment falls will be paid in final salary. 6.10. Sickness Occuring During Annual Leave or Bank Holidays If an employee falls sick whilst on annual leave, the member of staff must contact their Manager at the earliest opportunity on the first day of sickness. Only if this notification takes place and the period is covered by a Doctors Medical Certificate will the manager give approval for annual leave to be rearranged to be taken at a subsequent date subject to the exigencies of the service. Where a medical certificate is required, any cost should be borne by the employee. In accordance with Agenda for Change Terms and Conditions employees will not be entitled to an additional day off if sick on a bank holiday. It will therefore be necessary for staff, who fall sick on a bank holiday, which occurs on a normal working day or rostered day of work, to deduct the bank holiday entitlement for that day from their leave entitlement. Any hours rostered to work in excess of the entitlement will be counted as sickness. Employees whose sickness period includes weekends and/or bank holidays will automatically be regarded as being sick on these days unless the employee has contacted their Line Manager and advised that they were fit to return to work and, where applicable, resumed work. ICO Version No. 2.0.0 Page 9 of 16

Where sickness exceeds four weeks, staff wishing to take holidays for convalescence purposes during the period of sickness absence are required to keep their Manager informed. This absence will be recorded as sickness. When sick leave coincides with planned study leave, employees should notify their Manager. In the case of Medical staff, when sick leave coincides with planned study leave, doctors should notify their supervising consultant (junior staff) or Clinical Director (consultant staff). Details of the arrangements for the carry over of leave from one leave year to the next for those employees who are absent from work on a long term basis are detailed in section 6.9 of this policy. Where an employee is off sick and the employee feels well enough to exercise their right to enjoy a period of relaxation and leisure, Managers should discuss with the employee the opportunity to take paid annual leave if they wish as opposed to receiving half pay or no pay, or using accrued but untaken leave annual leave to extend or supplement a phased return. Where an employee seeks to take paid annual leave as described above, the notice period should be double the period of leave they wish to take. Employees will agree how this accrued leave will be taken with their line manager. Any such leave can be utilised prior to returning to work or to extend a phased return beyond the maximum duration of 4 weeks. 6.11. Entitlement on Leaving the Trust Staff who leave the Trust will receive 1 / 12 th of their annual leave entitlement (see Appendix 1) for each complete calendar month worked in the current leave year, less any annual leave taken plus the benefit of any outstanding Bank Holiday hours for Bank Holidays that have occurred in the leave year prior to the date of leaving (Appendix 2). It will be preferable that all outstanding leave is taken prior to leaving but where this is not possible for service reasons payment can be made for any outstanding leave entitlement. Where an employee has taken more annual leave than their entitlement on leaving the Trust an appropriate deduction will be made from final monies. 6.12. Annual Leave Accrued whilst on Maternity Leave Annual Leave will continue to accrue during maternity, shared parental or adoption leave, during paid and unpaid periods. Where the amount of accrued annual leave would exceed normal carry over provisions (maximum of five days), the employee should take the annual leave before and / or after maternity / adoption leave. The amount of leave to be taken in ICO Version No. 2.0.0 Page 10 of 16

this way should be discussed and agreed between the employee and their line manager. Payment in lieu may also be considered as an option where accrual of annual leave exceeds normal carry over provisions. Bank holidays will not be accrued during maternity / adoption leave. In all circumstances all accrued annual leave should be taken prior to the employee returning to work and / or to facilitate a phased return to a maximum of 4 weeks. 7. CONSULTATION The policy is applicable to all employees of Southport & Ormskirk Hospital Trust employed under Agenda for Change Terms and conditions. The policy is in line with requirements of the Agenda for Changes Terms and Conditions of Service as agreed with the NHS Staff Council. The policy has been considered for consultation through the JNC as representatives of the relevant body of staff. 8. EQUALITY ANALYSIS ASSESSMENT Southport and Ormskirk Hospital NHS Trust recognises that some sections of society experience prejudice and discrimination The Equality Act 2010 specifically recognises the protected characteristics of age, disability, gender, race, religion or belief, sexual orientation and transgender, pregnancy / maternity and marriage/civil partnership. The Trust is committed to equality of opportunity and anti-discriminatory practice both in the provision of services and in its role as a major employer. The Trust believes that all people have the right to be treated with dignity and respect and is committed to, the elimination of unfair and unlawful discriminatory practices. EQUALITY ANALYSIS ASESSMENT Analysis Completed By J Pennifold Date Completed September 2014 Barriers Identified Yes Action Plan Completed Not applicable Nominated lead for Managing Action Plan N/A Completed Assessments held by Human Resources ICO Version No. 2.0.0 Page 11 of 16

9. DISSEMINATION AND IMPLEMENTATION Following final ratification, this policy will be uploaded onto the Trust Intranet site and details of its review will be published in Team Brief. Copies of the relevant templates for Trust policies, guidelines and Standard Operating Procedures will be readily available in word format from the Policy Coordinator (Ext 4738). 10. MONITORING COMPLIANCE WITH THIS DOCUMENT Criteria Measurable Lead Officer Monitoring and / or Audit Frequency Reporting to Action Plan / Monitoring Annual leave entitlements calculated accurately. Annual Leave taken evenly throughout year. Spot check audits. ESR set accrual plans. Report of taken annual leave (recorded on ESR). HR Manager. Workforce Information. Annual. Six monthly. HR Manager meeting. HR Manager meeting. HR Governance. HR Governance. 11. REFERENCES The NHS Staff Council. NHS terms and conditions of service handbook Pay circular (aforc) 4/2014 Scetion 13: Annual Leave and general public holidays.. The Equality Act 2010 (Statutory Duties) Regulations 2011. The Equality and Human Rights Commission website provides further guidance, updates and resources in relation to equality impact assessments and the effect of the Equality Act 2010: www.equalityhumanrights.com. 12. ASSOCIATED DOCUMENTS PERS 08 Maternity, Adoption and New Parents Leave Policy. PERS 12 Management of Sickness Absence PERS 14 Recruitment and Selection Policy MED STAFF 12 Medical Staff Leave Policy ICO Version No. 2.0.0 Page 12 of 16

MED STAFF 15 Study Leave & Professional Leave Policy 13. APPENDICES 13.1. Agenda for Change: Annual Leave Entitlement for complete years exclusive of Bank Holidays WEEKLY BASIC CONTRACTED HOURS ON APPOINTMENT AFTER 5 YEARS ERVICE AFTER 10 YEARS SERVICE 27 DAYS 29 DAYS 33 DAYS HOURS EQUIVALENT: 37.5 202.5 217.5 247.5 37.0 200.0 214.5 244.0 36.5 197.0 211.5 241.0 36.0 194.5 209.0 237.5 35.5 191.5 206.0 234.5 35.0 189.0 203.0 231.0 34.5 186.5 200.0 227.5 34.0 183.5 197.0 224.5 33.5 181.0 194.5 221.0 33.0 178.0 191.5 218.0 32.5 175.5 188.5 214.5 32.0 173.0 185.5 211.0 31.5 170.0 182.5 208.0 31.0 167.5 180.0 204.5 30.5 164.5 177.0 201.5 30.0 162.0 174.0 198.0 29.5 159.5 171.0 194.5 29.0 156.5 168.0 191.5 28.5 154.0 165.5 188.0 28.0 151.0 162.5 185.0 27.5 148.5 159.5 181.5 27.0 146.0 156.5 178.0 26.5 143.0 153.5 175.0 26.0 140.5 151.0 171.5 25.5 137.5 148.0 168.5 25.0 135.0 145.0 165.0 24.5 132.5 142.0 161.5 24.0 129.5 139.0 158.5 23.5 127.0 136.5 155.0 23.0 124.0 133.5 152.0 22.5 121.5 130.5 148.5 ICO Version No. 2.0.0 Page 13 of 16

22.0 119.0 127.5 145.0 21.5 116.0 124.5 142.0 21.0 113.5 122.0 138.5 20.5 110.5 119.0 135.5 20.0 108.0 116.0 132.0 19.5 105.5 113.0 128.5 19.0 102.5 110.0 125.5 18.5 100.0 107.5 122.0 18.0 97.0 104.5 119.0 17.5 94.5 101.5 115.5 17.0 92.0 98.5 112.0 16.5 89.0 95.5 109.0 16.0 86.5 93.0 105.5 15.5 83.5 90.0 102.5 15.0 81.0 87.0 99.0 14.5 78.5 84.0 95.5 14.0 75.5 81.0 92.5 13.5 73.0 78.5 89.0 13.0 70.0 75.5 86.0 12.5 67.5 72.5 82.5 12.0 65.0 69.5 79.0 11.5 62.0 66.5 76.0 11.0 59.5 64.0 72.5 10.5 56.5 61.0 69.5 10.0 54.0 58.0 66.0 9.5 51.5 55.0 62.5 9.0 48.5 52.0 59.5 8.5 46.0 49.5 56.0 8.0 43.0 46.5 53.0 7.5 40.5 43.5 49.5 7.0 38.0 40.5 46.0 6.5 35.0 37.5 43.0 6.0 32.5 35.0 39.5 5.5 29.5 32.0 36.5 5.0 27.0 29.0 33.0 4.5 24.5 26.0 29.5 4.0 21.5 23.0 26.5 3.5 19.0 20.5 23.0 3.0 16.0 17.5 20.0 2.5 13.5 14.5 16.5 2.0 11.0 11.5 13.0 1.5 8.0 8.5 10.0 1.0 5.5 6.0 6.5 0.5 2.5 3.0 3.5 ICO Version No. 2.0.0 Page 14 of 16

Formula is Weekly Contracted Hrs X No. of Days Annual Entitlement 5 13.2. Agenda for Change Calculation of Bank Holiday Entitlement WEEKLY BASIC CONTRACTED HOURS HOURLY ENTITLEMENT FOR FULL LEAVE YEAR (8 BANK HOLIDAYS) 37.5 60.0 7.5 37.0 59.0 7.4 36.5 58.5 7.3 36.0 57.5 7.2 35.5 57.0 7.1 35.0 56.0 7.0 34.5 55.0 6.9 34.0 54.5 6.8 33.5 53.5 6.7 33.0 53.0 6.6 32.5 52.0 6.5 32.0 51.0 6.4 31.5 50.5 6.3 31.0 49.5 6.2 30.5 49.0 6.1 30.0 48.0 6.0 29.5 47.0 5.9 29.0 46.5 5.8 28.5 45.5 5.7 28.0 45.0 5.6 27.5 44.0 5.5 27.0 43.0 5.4 26.5 42.5 5.3 26.0 41.5 5.2 25.5 41.0 5.1 25.0 40.0 5.0 24.5 39.0 4.9 24.0 38.5 4.8 23.5 37.5 4.7 23.0 37.0 4.6 22.5 36.0 4.5 22.0 35.0 4.4 HOURLY ENTITLEMENT FOR ONE BANK HOLIDAY (FOR USE AS A MULTIPLIER) ICO Version No. 2.0.0 Page 15 of 16

21.5 34.5 4.3 21.0 33.5 4.2 20.5 33.0 4.1 20.0 32.0 4.0 19.5 31.0 3.9 Formula is Weekly Contracted Hrs X No. of Days Annual Entitlement 5 ICO Version No. 2.0.0 Page 16 of 16