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ANNUAL LEAVE AND PLANNED ABSENCES POLICY

|Version |10 |

|Name of responsible (ratifying) committee |HR Policy Group |

|Date ratified |04 May 2017 |

|Document Manager (job title) |Operational HR Manager |

|Date issued |22 August 2017 |

|Review date |21 August 2019 |

|Electronic location |Management/Human Resources Policies |

|Related Procedural Documents |Management of Attendance policy, Guide to Attendance and Wellbeing Guidance |

| |Maternity, Paternity, Adoption and Parental leave protocol, |

| |Employment break policy |

| |Special leave policy |

|Key Words (to aid with searching) |booking annual leave, planned leave, study leave, selling, buying and carrying |

| |forward leave. Leave during long term sick leave and whilst on maternity leave. The|

| |annual leave calculator, leave allocation, ACAS. The relevant forms for buying and |

| |selling leave. |

Version Tracking:

|Version |Date Ratified |Brief Summary of Changes |Author |

|10 |04.05.17 |Review and update |HR Manager |

|9 |05.05.16 |Review and update, clarification on junior doctor calculation |HR Manager |

Contents

QUICK REFERENCE GUIDE 3

1. INTRODUCTION 4

2. PURPOSE 4

3. SCOPE 4

4. DEFINITIONS 4

5. DUTIES AND RESPONSIBILITIES 5

6. PROCESS 6

7. TRAINING REQUIREMENTS 9

8. REFERENCES AND ASSOCIATED DOCUMENTATION 9

9. EQUALITY IMPACT STATEMENT 9

10. MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS 11

Appendix A - Request to ‘Buy’ Annual Leave 12

Appendix B - Request to ‘Sell’ Annual Leave 13

Appendix C - Junior Doctors In Training - Leave 14

QUICK REFERENCE GUIDE

This policy is to provide management guidance relating to annual leave and planned absence, such as selling excess leave, buying additional leave and, exceptionally, carrying leave forward to the next leave year.

For quick reference, the guide below is a summary of actions required. This does not negate the need for the document author and others involved in the process to be aware of and follow the detail of this policy.

1. The purpose of this policy is to provide a framework for managing annual leave and other planned absences within each specialty, department or ward area. The allocation of leave should ensure that a consistent, fair and equitable approach is taken by all employees in order to provide adequate cover to meet the needs of the service.

2. It offers options around taking leave as normal, selling excess leave, buying additional leave and, exceptionally, carrying leave forward to the next leave year.

Leave allocations are in accordance with either Agenda for Change or Medical & Dental terms and conditions of service.

4. Duties and responsibilities for employees, managers and workforce and organisational development.

5. The process for booking leave, taking leave whilst on long term sick leave, when on maternity leave, for buying and selling leave and carrying leave forward.

6. Appendices for buying and selling leave.

7. Leave for Junior Doctors in training.

INTRODUCTION

Portsmouth Hospitals NHS Trust (”the Trust”) needs to ensure delivery of a consistent service to patients 365 days of the year. As such, the allocation of annual leave needs to be managed in a way that ensures adequate cover and ensures that all employees receive their annual leave on a fair and equitable basis, taking into consideration other planned absences from the department.

Each department should have its own local procedure for scheduling planned leave to ensure

that all employees can take their annual leave allocation within each leave year. Carrying over of leave is at the manager’s discretion and should only be in exceptional circumstances.

PURPOSE

The purpose of this policy is to provide a framework for managing annual leave and other planned absences within each specialty, department or ward area. The allocation of leave should ensure that a consistent, fair and equitable approach is taken by all employees in order to provide adequate cover to meet the needs of the service.

This policy is designed to give employees choices when considering how to use their annual leave allocation. It offers options around taking leave as normal, selling excess leave, buying additional leave and, exceptionally, carrying leave forward to the next leave year.

SCOPE

This document applies to all employees and workers of The Trust, both full-time and part-time staff. Leave entitlements are set out in Agenda for Change Terms and Conditions Handbook, and Contractual terms and conditions for Medical and Dental staff.

Whilst the general Principles associated with this Policy apply to all employees, Consultants and Staff Grade and Associate Specialist medical staff are subject to the specific provisions contained within the Trust Management and Reward Framework for Consultants – Schedule 18 – Leave. Medical and Dental employees in training grades are covered by this Policy and also by the extra criteria listed in Appendix C.

An annual leave ready reckoner, which calculates annual leave in hours, is available on the Trust website

In the event of an epidemic infection outbreak, flu pandemic or major incident, the Trust recognises that it may not be possible to adhere to all aspects of this document. In such circumstances, employees should take advice from their manager and all possible action must be taken to maintain ongoing patient and employee safety.

DEFINITIONS

The definition of leave covers annual leave, plus selling excess leave, buying additional leave and, carrying leave forward to the next leave year. It also includes study leave and other planned absences, such as absence for planned operations or other medical procedures.

Annual leave – Contractual entitlement to take paid absence from work

Selling leave – releasing leave entitlement of up to 1 week per leave year

Buying leave – purchasing extra leave of up to 1 week per leave year

Carrying leave forward – adding up to 1 week’s untaken leave to the next annual leave year

Study leave – authorised absence that requires attendance for learning

Planned absences – booked and authorised absences, for example hospital appointment for medical treatment.

Leave allocations arein accordance with either Agenda for Change or Medical & Dental terms and conditions..

DUTIES AND RESPONSIBILITIES

Employees are responsible for:

• Managing their yearly annual leave allocation;

• Booking the majority of their annual leave at the beginning of each leave year wherever possible;

• Following the local departmental procedure when booking annual leave, giving at least 6 weeks notice.

• Cooperating with other team members when requesting leave for critical holiday periods

• Where appropriate, requesting annual leave on return to work following long term sick leave (4 weeks+) or to extend a rehabilitation programme, to enable a return to normal hours gradually.

• Not taking annual leave until it has been authorised by the appropriate manager. (Employees should not commit to plans until leave is agreed - disciplinary action may be taken for any periods of unauthorised absence);

• Giving appropriate notice should they need to cancel annual leave already booked;

• Following the correct procedure for buying and selling annual leave (see Appendix A or B).

• Advising their manager when their annual leave entitlement increases in line with their length of service (increases to annual leave can only be backdated to the beginning of the current leave year)

• Ensuring that the annual leave entitlement allocated to them for the year is correct

• Ensuring all annual leave is taken within the relevant leave year

Managers are responsible for;

• Calculation and monitoring of leave

• Managing departmental annual leave in a fair, consistent and equitable manner;

• Ensuring all employees are aware of the local procedure for booking annual leave;

• Drafting, agreeing and communicating a departmental leave plan.

• Ensuring employees to take annual leave in the relevant leave year;

• Ensuring all employees are given opportunities to take leave.

• Considering and authorising requests to take annual leave taking into account the needs of the service;

• Authorising requests to buy or sell annual leave if departmental budget constraints allow and ensure that a copy of the relevant form is forwarded to Payroll, with a copy sent to the HR team for retention in the employee’s personnel file

• Considering reasons for employees wanting to carry over leave into the next leave year and approving if appropriate

• Encouraging employees to use their annual leave whilst on long term sick where appropriate ie if employee is in a ½ or nil pay situation

• Where required, allowing employees returning from long term sick leave to use annual leave to extend a rehab programme, enabling them to return to their normal hours of work gradually.

• Ensuring that at least the minimum statutory annual leave entitlement has been taken by the employees they manage (minimum of 5.6 weeks, 28 days, 210 hours).

Human Resources will;

• provide advice and guidance where necessary, but managers and employees should refer in the first instance to this Policy and the guidance referred to herein.

• Ensure that the policy is maintained and updated in line with any organisational and legislative changes

PROCESS

6.1 Where possible, employees should be able to take their annual leave when they wish to do so. This may not always be reasonably practical. In order to facilitate individual choice, as far as possible, it is important that the procedure for booking annual leave in each area of work is followed, with as much notice as possible being given.

6.2 Employees should not book holidays or make commitments without ensuring that their annual leave request has been approved by their line manager. Disciplinary action may be taken against employees, if unauthorised leave is taken.

6.3 The Trust is committed to providing the highest standard of patient care for our patients, which can only be achieved by maintaining adequate workforce levels. In order to facilitate this, each ward or department must have a Departmental Annual Leave plan, stating both the minimum and maximum numbers of employees who will be able to be on leave at any given time. This plan should incorporate study leave, annual leave and any other planned absences, eg. absence for elective surgery.

6.4 The Trust will endeavour to honour all leave booked and agreed. In exceptional cases, such as major incidents or a ‘flu pandemic, this may not always be possible. In such cases, a compensatory payment may be negotiated should a holiday have been booked and paid for.

6.5 Other than in exceptional circumstances, at the discretion of the manager, employees are permitted to take a maximum of three weeks annual leave in any one block of leave.

Annual leave entitlement

The annual leave period shall be from 1 April to 31 March each year. The exception are junior doctors on fixed term contracts. Their annual leave period shall be in line with the start date of their contract.

All new employees will be entitled to annual leave plus bank holidays in the year of joining the Trust, on a pro-rata basis. An annual leave ready reckoner is available on the trust website for the purposes of calculating annual leave.

Employees joining the Trust on the first calendar day of the month (or first working day if the first falls on a day they would not usually work) will receive the full annual leave entitlement in respect of that month. Any employees starting after the first working day of the month, for example, the 7th of the month, allocation of annual leave entitlement will be at the line managers discretion. Employees who join part way through a leave year, will only be entitled to part of their total annual leave for the current year.

In recognition that employees may have previous NHS service that should be considered for the purposes of calculating annual leave, employees will be required to provide evidence of previous NHS employment if they wish their leave entitlement to be calculated in view of their reckonable service.

Under Agenda for Change, full-time employees will be entitled to the following:

|Length of service |Annual leave and general public holidays |

|On appointment |27 days + 8 days |

|After five years service |29 days + 8 days |

|After ten years service |33 days + 8 days |

Employees who do not work full time will have their annual leave calculated pro rata in accordance with their hours worked and must be inclusive of bank holidays.

Booking Annual Leave

As well as the departmental leave plan, each ward and department must have their own procedure for requesting leave, which should be communicated to employees at the beginning of each leave year, and to new employees as part of their local induction. All requests for annual leave should be submitted in accordance with the relevant local procedure and must be approved, in advance of the leave being taken, by the relevant manager. Wherever possible, employees should apply to take leave no less than 6 weeks in advance; however managers may agree to leave being taken with less notice if service needs allow.

Wherever possible, employees should aim to pre-book the majority of their annual leave at the beginning of each leave year. This, in association with the departmental leave plan, will allow ample opportunity for all employees to take their full annual leave allocation. In an attempt to make the booking of leave process fair and equitable, it is expected that leave may only be booked up to a year in advance. Special consideration will apply to critical holiday periods, such as Christmas, Easter and other school or public holidays. Annual leave requests for these periods should be agreed on a team basis to ensure all employees have equal access to leave during these periods.

Once leave has been booked, it is expected that it will be taken at the agreed time. If it is necessary for employees to cancel booked leave, this should be done as soon as possible, normally with notice of at least 6 weeks of informing the manager, to allow other team members to book leave at that time if required. Later notice of cancellation of leave may be made, but must be agreed with the relevant Operational Manager.

If staff wish to book leave for religious holidays in addition to the English public holidays, then annual leave should be used. However, the Trust will sympathetically consider any requests for unpaid leave or for exchanging English public holidays for other religious holidays where possible.

Taking annual leave whilst on long term sick leave

Employees should endeavour to use all of their annual leave allocation in the leave year in which it is allocated. Where this has not been possible due to long term sick leave of 4 weeks or more, employees must be allowed to take any annual leave (not taken due to sickness) on their return to work, which may be carried over from a previous leave year. Employees on long term sick need to request annual leave. Managers should encourage employees to use up their annual leave, whilst on long term sick leave. Annual leave may be used to extend a 4 week rehabilitation programme when returning from long term sick leave. Annual leave and sickness absence

If employees fall sick whilst on annual leave then the sickness should be recorded on the first day of sickness (in line with the departments reporting procedure) as if they were not on annual leave. Any days covered by a fit note may, on return to work, be reclassified as sickness absence and the annual leave taken at a later date. When an employee is sick on a statutory holiday, there will be no entitlement to a further day off, even when this is covered by a fit note. Where the employee is abroad and cannot obtain the usual medical certificate, a statement must be obtained from a qualified medical practitioner and suitably endorsed to enable occupational sick pay to be paid.

Annual leave and maternity leave

Employees taking maternity leave should ensure that, as far as possible, their annual leave plans are made prior to maternity leave commencing. This is particularly relevant if the maternity leave period will span two leave years. For further details, please see the Trust’s Maternity, Paternity, Adoption and Parental Leave Policy.

Buying annual leave

It may be possible for employees to request to ‘buy’ up to one additional week in each leave year: this is the equivalent of taking a week’s unpaid leave. Similarly, providing that employees take the minimum amount of leave each year (see purpose, annual leave).

Selling annual leave

In exceptional circumstances, it may also be possible to ‘sell’ up to one week in each leave year - this is the equivalent of being paid for up to one additional week. In this case, the leave allocation would be reduced by the number of days ‘sold’, up to a maximum of one week.

Both arrangements are totally at the manager’s discretion, who in liaison with the relevant budget holder, will decide if the selling or buying of leave can be justified and is affordable. Employees do not have a right to buy or sell leave. To request either of these options the relevant form at Appendix A or B must be completed and the application discussed with the line manager. Any applications must be made at least six months before the end of the financial year.

If permission is granted for an employee to ‘buy’ an additional week’s leave, the cost of the unpaid week should be deducted from their salary over the remaining months of the financial year. For example, if an additional week is purchased in August, the cost will be deducted from the individual’s salary over the remaining months of the financial year, i.e. September to March. However, if permission is granted for an employee to ‘sell’ a week’s leave, the money will be paid to them in the following month’s pay, as long as their manager has provided Payroll

sbs-s.pht@ with the relevant form (appendix A or B) by the relevant date.

Members of the NHS Pension scheme who participate in the buying and selling of annual leave will have the cash value of the annual leave treated on a non-pensionable basis; this cash value will not be included in the calculation of scheme contributions for the relevant pay period(s).

This ensures that a scheme member will not accrue any more or any less in terms of NHS Pension benefits than they would have done had they not varied their leave entitlement.

Carrying forward annual leave

Employees are responsible for ensuring that their annual leave allocation is taken within the relevant leave year. Any carry over will be by exception only eg operational pressures, and at the managers discretion of up to a maximum of one week.

Should an employee have been prevented from taking planned and booked annual leave due to exceptional operational circumstances, such as major incidents, or a long period of sick leave, they should be allowed to book the leave later in the same annual leave year wherever possible, or carry the leave forward to the next leave year.

Entitlement on leaving the Trust

On leaving the Trust, employees will receive 1/12th of their annual leave entitlement for each complete calendar month worked in the current leave year, less any annual leave taken. Employees who leave the Trust on the last calendar day of the month (or the last working day of the month) will receive their full annual leave entitlement in respect of that month. Employees who leave before the last calendar day of the month (or working day) for example the 7th of the month, allocation of annual leave entitlement will be at the line managers discretion, with the exception of junior doctors on fixed term contracts. Their annual leave will be calculated in proportion to the length, in days, of the whole period of their employment. Where total leave taken exceeds the total leave entitlement an appropriate deduction will be made from the final salary.

Annual leave on moving departments internally

Where possible, employees moving departments internally within the Trust should use their accrued annual leave up to that point before moving into their new post. This prevents the receiving department having to incur the cost and impact of the annual leave that should otherwise have been taken.

TRAINING REQUIREMENTS

Managers will be able to seek guidance and assistance from the Human Resources Team.

REFERENCES AND ASSOCIATED DOCUMENTATION

Trust internal policies;

Maternity, Paternity, Adoption and Parental leave policy

Employment break policy

Special leave policy

Management of Attendance Policy

Guide to Attendance and Wellbeing

.uk

cipd.co.uk/subjects/emplaw

cipd.co.uk/hr-resources/employment-law-faqs

Advice leaflet – ‘holidays and holiday pay’ available at .uk

EQUALITY IMPACT STATEMENT

Portsmouth Hospitals NHS Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our employees reflects their individual needs and does not discriminate against individuals or groups on any grounds.

This policy has been assessed accordingly

Our values are the core of what Portsmouth Hospitals NHS Trust is and what we cherish. They are beliefs that manifest in the behaviours our employees display in the workplace.

Our Values were developed after listening to our employees. They bring the Trust closer to its vision to be the best hospital, providing the best care by the best people and ensure that our patients are at the centre of all we do.

We are committed to promoting a culture founded on these values which form the ‘heart’ of our Trust:

Respect and dignity

Quality of care

Working together

Efficiency

This policy should be read and implemented with the Trust Values in mind at all times.

MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS

This document will be monitored to ensure it is effective and to assurance compliance.

|Minimum requirement to be |Lead |Tool |Frequency of Report |Reporting arrangements |Lead(s) for acting |

|monitored | | |of Compliance | |on Recommendations |

| | | | |Policy audit report to: | |

| | | | |Policy audit report to: | |

Appendix A - Request to ‘Buy’ Annual Leave

Employee’s Name: ……………………………………………………

Department:…………………………………………………………………

8 digit assignment number…………………………………………………

To: < Line Manager >

In accordance with the Trust Annual Leave policy I am writing to request to BUY …… hours/one week’s extra annual leave this year. I understand that any adjustment in pay will be made proportionately from the remaining months of the financial year. If I leave the Trust before having paid back all monies owed, I agree to repay any overpayment I have received.

Signed: ………………………………………… Date: ………………..

Authorised by Line Manager, in consultation with Budget Holder:

Line Manager

Signature: …………………………………. Date: …………….

Name: ………………………………………………………………..

General Manager/Executive Director

Signature: …………………………………. Date: …………….

Name: ………………………………………………………………..

Line Manager to forward completed form directly to Payroll department, copying to the HR Team for monitoring purposes and for retention on the Personnel file.

Appendix B - Request to ‘Sell’ Annual Leave

Employee’s Name: ……………………………………………………

Department: …………………………………………………………………

8 digit assignment number:…………………………………………………

To: < Line Manager >

In accordance with the Trust Annual Leave Policy, I am writing to request to SELL ……hours/one week’s excess annual leave this year. I understand that any adjustment in pay will be made in the month following this request being granted, and the number of hours will be deducted from my annual leave entitlement by my line manager.

Signed: ………………………………………… Date: ………………..

Authorised by Line Manager, in consultation with Budget Holder:

Line Manager

Signature: …………………………………. Date: …………….

Name: ………………………………………………………………..

General Manager/Executive Director

Signature: …………………………………. Date: …………….

Name: ………………………………………………………………..

Line Manager to forward completed form directly to Payroll department, copying to the HR Team for monitoring purposes and for retention on the Personnel file.

Appendix C - Junior Doctors in Training - Leave

• As well as the main Trust Annual Leave Policy, each department will have its own local arrangements for annual leave. This should be notified at departmental induction and adhered to at all times.

• Each department will have a designated Junior Doctor leave Co-ordinator. This individual will administer the leave process ensuring correct authorisation has been obtained and rotas will remain compliant with European Working Time Directive and New Deal legislation. (i.e. hours of work and rest, consecutive days worked, holidays and annual leave, other time off, bank and public holidays, work life balance etc)

• All leave must be requested at least 6 weeks in advance. Any request made later than this may not be authorised.

• All annual leave requests should be recorded on departmental request forms. These must be submitted to the relevant person for authorisation.

• Where rotas include allocated leave, swaps are permitted but only after discussion with the authorising manager..

• Night Shifts can only be swapped and leave only taken during this time at the discretion of the authorising manager in exceptional circumstances.

• Where rotas include prospective cover; no locums will be required to cover leave.

• By local arrangement the numbers of doctors permitted to take leave at any one time will be decided. Junior doctors are normally expected to take all of their annual leave entitlement during the duration of the post.

• The Junior Doctor will be expected to take their annual leave proportionally throughout each 4-6 month post at the Trust. Leave cannot be carried over from one post to another.

• The full annual leave entitlement should be taken before the end of the Junior Doctor contract. Annual leave can only be bought or sold in exceptional circumstances.

Equality Impact Screening Tool

To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval for service and policy changes/amendments.

|Stage 1 - Screening |

| |

|Title of Procedural Document: Annual Leave and Planned Absences Policy |

|Date of Assessment |04.05.2017 |Responsible Department |Human Resources |

|Name of person completing assessment |Susie Lowe |Job Title |Corporate HR Manager |

|Does the policy/function affect one group less or more favourably than another on the basis of : |

| |Yes/No |Comments |

|Age |No | |

|Disability |No | |

|Learning disability; physical disability; sensory impairment and/or mental | | |

|health problems e.g. dementia | | |

|Ethnic Origin (including gypsies and travellers) |No | |

|Gender reassignment |No | |

|Pregnancy or Maternity |No | |

|Race |No | |

|Sex |No | |

|Religion and Belief |No | |

|Sexual Orientation |No | |

|If the answer to all of the above questions is NO, the EIA is complete. If YES,| | |

|a full impact assessment is required: go on to stage 2, page 2 | | |

|More Information can be found be following the link below | | |

|.uk/ukpga/2010/15/contents | | |

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|Stage 2 – Full Impact Assessment |

|What is the impact |Level of Impact |Mitigating Actions |Responsible Officer |

| | |(what needs to be done to minimise / remove the | |

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|Monitoring of Actions |

|The monitoring of actions to mitigate any impact will be undertaken at the appropriate level |

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|Specialty Procedural Document: Specialty Governance Committee |

|Clinical Service Centre Procedural Document: Clinical Service Centre Governance Committee |

|Corporate Procedural Document: Relevant Corporate Committee |

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|All actions will be further monitored as part of reporting schedule to the Equality and Diversity Committee |

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