Annual Leave Policy and Procedure

Annual Leave Policy and
Procedure
Annual Leave Policy and Procedure
Doc. Ref. No.
HR001
Title of Document
Annual Leave Policy and Procedure
Author’s Name
Jude Champion
Author’s job title
Senior HR Business Partner
Dept / Service
Human Resources
Doc. Status
Version 3
Based on
Not applicable
Signed off by
Quality and Assurance Group
Publication Date
April 2014
Next review date
March 2016
Distribution
All staff
Check list for Governing Body/approving committee
Has an Equality Impact Assessment been
Yes
completed?
Has legal advice been sought?
No
Have training issues been addressed?
Yes
Are there financial issues and have they
Yes
been addressed
How will implementation be monitored
Through the SWCSU HR Team
How will the policy be shared with:
Via the Bristol CCG internet site and
dedicated communication to Bristol CCG
• Staff
employees.
• Patients
• Public
Are there linked policies and procedures
Contents
1
Introduction.................................................................................................1
2
Who is entitled to annual leave? ...............................................................1
3
When should I use my annual leave? .......................................................1
4
How much annual leave am I entitled to?.................................................1
5
When is the annual leave year? ................................................................2
6
How is my annual leave calculated?.........................................................3
7
Am I entitled to any statutory leave days? ...............................................3
8
Religious Leave / Leave for other Religious Festivals ............................5
9
What happens to my annual leave if I am sick whilst on annual leave? 5
10
What happens to my annual leave if I am on maternity leave? ..............5
11
What happens to my annual leave if I leave one NHS organisation to start
work at Bristol Clinical Commissioning Group? ................................................6
12
How much annual leave can I take at one time?......................................6
13
How much notice of my intention to take annual leave should I give? .6
14
How do I apply for annual leave? ..............................................................6
15
Guidance around booking holidays/events .............................................6
16
What can I do if my annual leave request is refused? ............................7
17
Statement of Compliance with the Equality Act 2010 .............................7
18
Counter fraud ..............................................................................................7
19
Review .........................................................................................................7
Appendix 1: Annual Leave Entitlement Chart .....................................................8
Appendix 2: Bank Holiday Entitlement................................................................10
Appendix 3: Annual Leave Record Card .............................................................12
1
Introduction
This policy summarises the annual leave that all CCG employees are entitled to
during their employment and details of how to calculate and request annual leave.
2
Who is entitled to annual leave
2.1
Who does this policy apply to?
This policy applies to all staff employed by the organisation with the
exception of:
2.2
Bank staff – see separate provisions in section 2.2
Medical staff
Agency staff
Self-employed contractors
Bank Staff
Bank workers receive a pro-rata annual leave allowance according to the
number of hours they work. This is paid as an additional payment on top of
the normal hourly rate of pay rather than as a separate annual leave
payment.
3
When should I use my annual leave?
The CCG actively encourages staff to take annual leave in blocks throughout the
year to ensure that there is a sufficient break away from work and to enable a
good work life balance.
Annual leave should not be substituted for sick leave, maternity leave,
compassionate leave, special leave, paternity leave, adoption leave, parental
leave or domestic/carer leave. If you need leave for any of these situations please
speak to your Line Manager in the first instance or HR. There are separate
policies that cover these leave arrangements.
4
How much annual leave am I entitled to?
Your annual leave entitlement, including leave for bank holidays is incorporated
into your contractual terms and conditions of employment. See Appendix 1 for
annual leave entitlements.
Your entitlement to annual leave will increase with your aggregated length of
reckonable service. Reckonable service for the purpose of annual leave
entitlement is set out within the Reckonable Service Policy.
All full time staff will receive the following entitlement to annual leave:
On appointment:
After 5 years aggregated service:
After 10 years aggregated service:
27 days + 8 days statutory holiday
29 days + 8 days statutory holiday
33 days + 8 days statutory holiday
Page 1
The 8 days’ statutory holiday is the average number of statutory holidays per year;
however please note that in some years this will either be less or more, depending
on the leave year in which the Easter break falls. In these situations, Bank Holiday
leave will be adjusted to ensure that staff take the appropriate amount of Bank
Holiday leave.
This entitlement will be pro-rated for part time staff and will be calculated in hours.
Staff who are not on Agenda for Change, i.e. Very Senior Managers and Medical
staff, will retain their annual leave entitlement as detailed in their current terms and
conditions.
5
When is the annual leave year?
For all staff the organisation’s annual leave year runs from 1 April to 31 March.
Employees who start part way through the annual leave year will need to pro rata
their leave entitlement.
5.1
What if I start ‘part way’ in to the annual leave year?
Only full months’ service are counted towards annual leave entitlement.
New entrants to the organisation shall be entitled in the leave year of entry
to annual leave proportionate to the completed months of service during
that year.
5.2
Can I carry any annual leave days into the next annual leave year?
You should endeavour to take all your annual leave allowance between 1
April and 31 March or during your allocated annual leave year. If you
cannot take all your annual leave during this time it may be possible in
exceptional circumstances for you to carry up to five days (pro rata for parttime staff) annual leave into the next leave year. If you wish to carry annual
leave days into the following year this should be mutually agreed with your
line manager. The request should be made in writing to your line manager,
at least six weeks before the end of the current leave year. If you are
unhappy with your line manager’s decision you have the right to appeal.
Please see the Bristol CCG Grievance Policy for details regarding this.
5.3
What happens if my leave entitlement changes part way through the
leave year due to aggregated NHS service?
If your length of NHS service changes part way through the Annual Leave
year, you will receive a pro-rata amount of leave at your previous service
entitlement (in complete months), and a pro-rata amount of leave at your
new service entitlement (in complete months).
For example: If on 20th August your aggregated service changes from 5
years to 10 years, the following calculation would apply:
Full Year with 5 years’ service = 29 days
Full year with 10 years’ service = 33 days
Page 2
You would get April – August (5 months) inclusive at 29 days pro rata
(which would be 29 / 12 x 5 = 12.1 days.
You would then get September – March inclusive (7 months) at 33 days pro
rata (which would be 33 / 12 x 5 = 19.3 days.
Added together, you would receive a total of 31.4 days which rounds up to
31.5 days to the nearest half day for a full time member of staff. If you are
part time, this amount would be pro rata according to your contracted
hours.
6
How is my annual leave calculated?
If you are a member of staff working full time over 5 days your annual leave will
normally be calculated in days, however in order to allow flexibility it may be
calculated in hours. This would need to be in agreement with your line manager. If
you are working a flexible working week your annual leave will be calculated in
hours. Please see the Work Life Balance policy for guidance.
In accordance with the Part-time Workers (prevention of less favourable
treatment) Regulations if you work part time your annual leave will be calculated in
hours on a pro-rata basis. See Appendix 1 for further details.
7
Am I entitled to any statutory leave days?
You are entitled to statutory days in the form of bank holidays.
There are normally 8 statutory holiday days in a year. These are as follows:
New Year’s Day
Good Friday
Easter Monday
May Day
Spring Bank Holiday Monday
Late Summer Bank Holiday Monday
Christmas Day
Boxing Day
Part-time workers are entitled to paid bank holidays at a pro-rata amount to the
number of bank holidays for a full time worker, rounded up to the nearest half-day.
If you work part time your bank holiday entitlement in hours should be added to
your annual leave entitlement in hours to give a total leave entitlement in hours.
Formula for part time calculations:
Annual Leave + Statutory Holiday leave (hours) = Annual leave in days (A)
Page 3
Average working day (hours)
A is then rounded up to nearest half day (in days).
Example 1:
If you have five years NHS Service and you work 18 hours per week over three
days your annual leave entitlement will be worked out as:
From the table at appendix 1, annual leave = 104.5 hours.
From the table at appendix 2, statutory holiday = 29 hours.
These are added together to give a total of 133.5 hours per year.
Work out how many hours there are in the average day, by dividing the hours
worked each week by the number of days worked each week.
In this example, the average working day is 6 hours. Then divide the total hours of
leave by the average working day in hours. In this example 133.5 / 6 = 22.25 days
of leave per year. This is then rounded up to the nearest half day i.e. 22.5 days.
Using the formula this is shown as
104.5 + 29 = 133.5 hours.
133.5 / 6 = 22.25 days. Rounded up = 22.5 days.
Example 2:
If you have ten year’s service and work four days per week of 4, 4, 4 and 8 hours
per day totalling 20 hours per week.
From the table at appendix 1, Annual leave = 132 hours.
From the table at appendix 2 statutory holiday = 32 hours.
These are added together to give a total of 164 hours per year.
Work out how many hours there are in the average day, by dividing the hours
worked each week by the number of days worked each week. In this example,
the average working day is 5 hours (4+4+4+8 divided by 4 = 5).
Then divide the total hours of leave by the average working day in hours. In this
example 164 / 5 = 32.8 days of leave per year.
This is then rounded up to the nearest half day, which in this case is 33 days.
Using the formula this is shown as132 + 32 = 164 hours. 164 / 5 = 32.8 days.
Rounded up = 33 days.
Notes:
If you work full time over less than five days per week you must calculate your
allowance in hours but no rounding up is possible, as this would lead to you
having more than a full time allowance. The amount of leave taken is the normal
working hours for the particular day leave is taken.
7.1
What happens if I am a Part time member of staff and my department
closes on a Bank Holiday?
Page 4
When a bank holiday occurs on a day you would normally work, you should
deduct the number of hours that you would have worked on that day from
your total leave entitlement (annual leave entitlement + bank holiday
entitlement).
7.2
What happens to my statutory days if I have to work on a bank
holiday?
If you are required to work on a statutory or public holiday you are entitled
to another day off with pay in lieu. If you work part time and are required to
work on a statutory or public holiday you are entitled to the equivalent time
off with pay in lieu.
8
Religious Leave / Leave for other Religious Festivals
Managers should be sympathetic to staff requests for annual leave to celebrate a
religious festival whilst also ensuring service requirements are met. Managers
can contact Human Resources for further guidance if necessary.
9
What happens to my annual leave if I am sick whilst on annual leave?
If you fall sick during your annual leave you should contact your line manager and
complete a self-sickness certification form (Day 1 –7) or obtain a GP Fit Note (7
days +) to that effect. You will be regarded as being on sick leave from the date of
your certificate. You may then rearrange the affected annual leave days with your
line manager.
Likewise previously arranged annual leave, which occurs during a period of
sickness, can be recovered and taken at a later date.
If you are sick on a statutory holiday you will not be able to rearrange this leave.
9.1
Am I entitled to accrue annual leave if I am on long-term sick leave?
Yes. During your paid sick leave you will accrue annual leave at the normal
rate, and during any unpaid sick leave you will be entitled to accrue
statutory annual leave. Statutory Annual Leave entitlement is currently 28
days pro rata per annum (inclusive of Bank / Public Holidays). You will be
entitled to take any annual leave you have accrued at the end of your sick
leave, even if this falls in the next leave year. Please note that you cannot
carry over any annual leave you have accrued prior to being off sick; you
will only be entitled to the leave that you accrued while on sick leave. You
will not be entitled to take any annual leave whilst on either paid or unpaid
sick leave.
10
What happens to my annual leave if I am on maternity leave?
You must discuss your annual leave entitlement fully with your line manager
before your maternity leave commences.
If you are intending to return to work, you will continue to accrue annual leave
throughout your maternity leave. This will include bank holidays, (accrued on a
pro-rata basis if you are part time). If you are returning to work, the carry over
rules apply as per Maternity Leave policy.
Page 5
11
What happens to my annual leave if I leave one NHS organisation to start
work at Bristol Clinical Commissioning Group?
Annual Leave is calculated according to aggregated service as set out in the
Reckonable Service Policy for recognised NHS service as opposed to continuous
service.
11.1
What happens to my annual leave if I leave Bristol Clinical
Commissioning Group to start work at another NHS organisation?
You will be entitled to annual leave proportionate to the number of
completed months of service during that year.
In normal circumstances any outstanding annual leave will be paid in to
your final salary packet. If you have taken more leave than you are entitled
to at your leaving date, this will be deducted from your final salary.
11.2
What happens to my annual leave if I retire from the organisation?
If you are retiring from the organisation you will be entitled in the leave year
of your retirement date to annual leave proportionate to the number of
completed months of service during that year. If for some reason this
allowance is not taken you will be entitled to payment in lieu of annual
leave.
12
How much annual leave can I take at one time?
Two to three weeks annual leave will normally be granted providing service
requirements can be met. Requests over three weeks will only be granted if
service requirements will not be adversely affected and you can substantiate your
reason for wanting more than 3 weeks annual leave. Please note all leave must
be through prior agreement with your line manager. Managers reserve the right to
refuse requests for annual leave.
13
How much notice of my intention to take annual leave should I give?
If you require a week or more annual leave you should aim to give your manager
as much notice as possible. In exceptional circumstances requests for annual
leave of less than a week can be made at short notice but these will only be
agreed if service requirements can be met. In all cases, annual leave must be
agreed with your manager in advance of the leave being taken. If you intend to
take more than 2 weeks annual leave you will be required to request this via your
Line Manager at least 8 weeks in advance.
14
How do I apply for annual leave?
For annual leave complete your annual leave form (see Appendix 3) and pass it to
your line manager for authorisation. If the request is permitted your line manager
will inform you and confirm this on your annual leave form.
15
Guidance around booking holidays/events
Employees should not book any external commitments (e.g. holidays etc) until
their Line Manager has approved their leave request. Managers should not be
Page 6
pressured into approving annual leave solely on the basis that the individual has
already booked a holiday/commitment.
Managers may still refuse annual leave even if the individual has already booked
external commitments if the leave requested will adversely affect the delivery of
the service.
The CCG will not be responsible for any financial detriment the individual suffers
through not getting their annual leave signed off by their manager and it
subsequently being refused.
16
What can I do if my annual leave request is refused?
If your annual leave request is refused you are entitled to a full explanation from
your line manager as to why it has been refused. If you are unhappy with this
explanation you are entitled to appeal using the organisation’s Grievance
procedure.
17
Statement of Compliance with the Equality Act 2010
All relevant persons are required to comply with this document and must
demonstrate sensitivity and competence in relation to the nine protected
characteristics as defined by the Equality Act 2010. The Act prohibits
discrimination on the basis of age, disability, gender reassignment, marriage/civil
partnership, pregnancy/maternity, race, religion/belief, sex or sexual orientation. It
also means that each manager or member of staff involved in implementing the
policy must have due regard to the need to: eliminate unlawful discrimination,
harassment, victimisation; advance equality of opportunity between those who
share a protected characteristic and those who do not; and foster good relations
between people who share a protected characteristic and those who do not.
If you, or any other groups, believe you are disadvantaged by anything contained
in this document please contact the Document Lead (author) who will then actively
respond to the enquiry.
18
Counter fraud
The CCG is committed to the NHS Protect Counter Fraud Policy – to reduce fraud
in the NHS to a minimum, keep it at that level and put funds stolen by fraud back
into patient care. Therefore, consideration has been given to the inclusion of
guidance with regard to the potential for fraud and corruption to occur and what
action should be taken in such circumstances during the development of this
procedural document.
19
Review
This policy will be reviewed every 3 years but can be reviewed at any time if the
CCG deems it necessary to do so or a review is requested by management or
staff.
Jude Champion
Senior HR Business Partner
March 2014
Page 7
Appendix 1: Annual Leave Entitlement Chart
AGENDA FOR CHANGE: ANNUAL LEAVE ENTITLEMENT FOR
COMPLETE YEARS EXCLUSIVE OF BANK HOLIDAYS
WEEKLY BASIC
ON
AFTER 5
AFTER 10
CONTRACTED
APPOINTMENT
YEARS
YEARS
SERVICE
SERVICE
27 DAYS
29 DAYS
33 DAYS
HOURS EQUIVALENT:
202.5
200.0
197.0
194.5
191.5
189.0
186.5
183.5
181.0
178.0
175.5
173.0
170.0
167.5
164.5
162.0
159.5
156.5
154.0
151.0
148.5
146.0
143.0
140.5
137.5
135.0
132.5
129.5
127.0
124.0
121.5
119.0
116.0
113.5
110.5
108.0
105.5
217.5
214.5
211.5
209.0
206.0
203.0
200.0
197.0
194.5
191.5
188.5
185.5
182.5
180.0
177.0
174.0
171.0
168.0
165.5
162.5
159.5
156.5
153.5
151.0
148.0
145.0
142.0
139.0
136.5
133.5
130.5
127.5
124.5
122.0
119.0
116.0
113.0
247.5
244.0
241.0
237.5
234.5
231.0
227.5
224.5
221.0
218.0
214.5
211.0
208.0
204.5
201.5
198.0
194.5
191.5
188.0
185.0
181.5
178.0
175.0
171.5
168.5
165.0
161.5
158.5
155.0
152.0
148.5
145.0
142.0
138.5
135.5
132.0
128.5
HOURS
37.5
37.0
36.5
36.0
35.5
35.0
34.5
34.0
33.5
33.0
32.5
32.0
31.5
31.0
30.5
30.0
29.5
29.0
28.5
28.0
27.5
27.0
26.5
26.0
25.5
25.0
24.5
24.0
23.5
23.0
22.5
22.0
21.5
21.0
20.5
20.0
19.5
Page 8
AGENDA FOR CHANGE: ANNUAL LEAVE ENTITLEMENT FOR
COMPLETE YEARS EXCLUSIVE OF BANK HOLIDAYS
WEEKLY BASIC
ON
AFTER 5
AFTER 10
CONTRACTED
APPOINTMENT
YEARS
YEARS
SERVICE
SERVICE
29 DAYS
33 DAYS
110.0
107.5
104.5
101.5
98.5
95.5
93.0
90.0
87.0
84.0
81.0
78.5
75.5
72.5
69.5
66.5
64.0
61.0
58.0
55.0
52.0
49.5
46.5
43.5
40.5
37.5
35.0
32.0
29.0
26.0
23.0
20.5
17.5
14.5
11.5
8.5
6.0
3.0
125.5
122.0
119.0
115.5
112.0
109.0
105.5
102.5
99.0
95.5
92.5
89.0
86.0
82.5
79.0
76.0
72.5
69.5
66.0
62.5
59.5
56.0
53.0
49.5
46.0
43.0
39.5
36.5
33.0
29.5
26.5
23.0
20.0
16.5
13.0
10.0
6.5
3.5
HOURS
27 DAYS
HOURS EQUIVALENT:
19.0
18.5
18.0
17.5
17.0
16.5
16.0
15.5
15.0
14.5
14.0
13.5
13.0
12.5
12.0
11.5
11.0
10.5
10.0
9.5
9.0
8.5
8.0
7.5
7.0
6.5
6.0
5.5
5.0
4.5
4.0
3.5
3.0
2.5
2.0
1.5
1.0
0.5
102.5
100.0
97.0
94.5
92.0
89.0
86.5
83.5
81.0
78.5
75.5
73.0
70.0
67.5
65.0
62.0
59.5
56.5
54.0
51.5
48.5
46.0
43.0
40.5
38.0
35.0
32.5
29.5
27.0
24.5
21.5
19.0
16.0
13.5
11.0
8.0
5.5
2.5
Page 9
Appendix 2: Bank Holiday Entitlement
AGENDA FOR CHANGE: CALCULATION OF BANK HOLIDAY ENTITLEMENT
WEEKLY
BASIC
CONTRACTED
HOURS
37.5
37.0
36.5
36.0
35.5
35.0
34.5
34.0
33.5
33.0
32.5
32.0
31.5
31.0
30.5
30.0
29.5
29.0
28.5
28.0
27.5
27.0
26.5
26.0
25.5
25.0
24.5
24.0
23.5
23.0
22.5
22.0
21.5
21.0
20.5
20.0
19.5
HOURLY
ENTITLEMENT
FOR
FULL
LEAVE YEAR
(8
BANK
HOLIDAYS)
60.0
59.2
58.4
57.6
56.8
56.0
55.2
54.4
53.6
52.8
52.0
51.2
50.4
49.6
48.8
48.0
47.2
46.4
45.6
44.8
44.0
43.2
42.4
41.6
40.8
40.0
39.2
38.4
37.6
36.8
36.0
35.2
34.4
33.6
32.8
32.0
31.2
HOURLY
ENTITLEMENT
FOR
FULL
LEAVE YEAR
2012/2013
ONLY
(9
BANK
HOLIDAYS)
67.5
66.6
65.7
64.8
63.9
63.0
62.1
61.2
60.3
59.4
58.5
57.6
56.7
55.8
54.9
54.0
53.1
52.2
51.3
50.4
49.5
48.6
47.7
46.8
45.9
45.0
44.1
43.2
42.3
41.4
40.5
39.6
38.7
37.8
36.9
36.0
35.1
HOURLY
ENTITLEMENT
FOR
FULL
LEAVE YEAR
2015/2016
ONLY
(10
BANK
HOLIDAYS)
75.0
74.0
73.0
72.0
71.0
70.0
69.0
68.0
67.0
66.0
65.0
64.0
63.0
62.0
61.0
60.0
59.0
58.0
57.0
56.0
55.0
54.0
53.0
52.0
51.0
50.0
49.0
48.0
47.0
46.0
45.0
44.0
43.0
42.0
41.0
40.0
39.0
HOURLY
ENTITLEMENT
ON
EACH
BANK
HOLIDAY AS
IT OCCURS
7.5
7.4
7.3
7.2
7.1
7.0
6.9
6.8
6.7
6.6
6.5
6.4
6.3
6.2
6.1
6.0
5.9
5.8
5.7
5.6
5.5
5.4
5.3
5.2
5.1
5.0
4.9
4.8
4.7
4.6
4.5
4.4
4.3
4.2
4.1
4.0
3.9
Page 10
WEEKLY
BASIC
CONTRACTED
HOURS
HOURLY
ENTITLEMENT
FOR
FULL
LEAVE YEAR
19.0
18.5
18.0
17.5
17.0
16.5
16.0
15.5
15.0
14.5
14.0
13.5
13.0
12.5
12.0
11.5
11.0
10.5
10.0
9.5
9.0
8.5
8.0
7.5
7.0
6.5
6.0
5.5
5.0
4.5
4.0
3.5
3.0
2.5
2.0
1.5
1.0
0.5
(8
BANK
HOLIDAYS)
30.4
29.6
28.8
28.0
27.2
26.4
25.6
24.8
24.0
23.2
22.4
21.6
20.8
20.0
19.2
18.4
17.6
16.8
16.0
15.2
14.4
13.6
12.8
12.0
11.2
10.4
9.6
8.8
8.0
7.2
6.4
5.6
4.8
4.0
3.2
2.4
1.6
0.8
HOURLY
ENTITLEMENT
FOR
FULL
LEAVE YEAR
2012/2013
ONLY
(9
BANK
HOLIDAYS)
34.2
33.3
32.4
31.5
30.6
29.7
28.8
27.9
27.0
26.1
25.2
24.3
23.4
22.5
21.6
20.7
19.8
18.9
18.0
17.1
16.2
15.3
14.4
13.5
12.6
11.7
10.8
9.9
9.0
8.1
7.2
6.3
5.4
4.5
3.6
2.7
1.8
0.9
HOURLY
ENTITLEMENT
FOR
FULL
LEAVE YEAR
2015/2016
ONLY
(10
BANK
HOLIDAYS)
38.0
37.0
36.0
35.0
34.0
33.0
32.0
31.0
30.0
29.0
28.0
27.0
26.0
25.0
24.0
23.0
22.0
21.0
20.0
19.0
18.0
17.0
16.0
15.0
14.0
13.0
12.0
11.0
10.0
09.0
08.0
07.0
06.0
05.0
04.0
03.0
02.0
01.0
HOURLY
ENTITLEMENT
ON
EACH
BANK
HOLIDAY AS
IT OCCURS
3.8
3.7
3.6
3.5
3.4
3.3
3.2
3.1
3.0
2.9
2.8
2.7
2.6
2.5
2.4
2.3
2.2
2.1
2.0
1.9
1.8
1.7
1.6
1.5
1.4
1.3
1.2
1.1
1.0
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
0.1
Page 11
Appendix 3: Annual Leave Record Card
ANNUAL LEAVE RECORD/REQUEST CARD
Employee
Name
Department
Annual Leave entitlement
(days/hours)
Leave carried over from
previous year
(days/hours)
Bank Holiday entitlement
(days/hours)
Band
Agreed
aggregated
service
Total entitlement
(days/hours)
Leave Year
N.B. rounded up to nearest half
day for part-time workers
Leave requested
To
From
No. of days
or hours
Cover Arrangements
Remaining
balance
Date of
request
Page 12
Employee
signature
Managers
signature
Date of approval or
date and reason for
refusal
You can carry over a maximum of 5 days pro-rata in exceptional circumstances with agreement from your line manager.
Page 13