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Annual Leave Long Service Leave Public Holidays 2017 - ERUS IP 03 - February 2017 1 Annual Leave Long Service Leave Public Holidays reference ERUS IP 03 issuing function Employment Relations & Union Services date of issue February 2017 Annual Leave, Long Service Leave and Public Holidays INTRODUCTION ................................................................................................................. 3 ANNUAL LEAVE ENTITLEMENTS IN ENGLAND, SCOTLAND & WALES ........................ 3 ANNUAL LEAVE ENTITLEMENTS IN NORTHERN IRELAND ........................................... 3 Statutory Public Holidays (Bank Holidays) ........................................................................... 4 England and Wales .............................................................................................................. 4 Scotland ............................................................................................................................... 4 Northern Ireland ................................................................................................................... 4 CALCULATION OF LEAVE ................................................................................................. 5 Calculation of Annual Leave for Part-Time Staff .................................................................. 5 Calculation of Annual Leave for Staff Working Term Time only ........................................... 5 Calculation of Leave for Full Time Staff Working Different Hours Each Day ........................ 5 OTHER CONDITIONS OF SERVICE RELATING TO ANNUAL LEAVE ............................. 5 Calculation of annual leave if you have had a break in service ............................................ 5 Carrying over of annual leave into the next year .................................................................. 6 Sickness during a period of annual leave ............................................................................ 6 Calculation of leave during maternity leave ......................................................................... 7 Maternity leave and bank holidays ....................................................................................... 7 Pay and annual leave .......................................................................................................... 8 Annual leave year ................................................................................................................ 8 Entitlement for incomplete years .......................................................................................... 8 Changing the number of contracted hours worked .............................................................. 8 Annual Leave Long Service Leave Public Holidays 2017 - ERUS IP 03 - February 2017 1 Entitlement on leaving a post ............................................................................................... 9 Q & A ................................................................................................................................. 10 Annex 1: CALCULATION OF LEAVE FOR STAFF WHO WORK TERM TIME ONLY ..... 11 Annex 2: CALCULATION OF LEAVE FOR PART TIME STAFF ...................................... 14 Table 1: Agenda for Change: Annual leave entitlement for complete years exclusive of Bank Holidays .................................................................................................................... 16 Table 2: Agenda for Change: Calculation of Statutory Bank Holiday Entitlement in England, Wales and Scotland ............................................................................................ 18 Table 3: Agenda for Change: Bank Holiday entitlement in Northern Ireland ...................... 20 Annual Leave Long Service Leave Public Holidays 2017 - ERUS IP 03 - February 2017 2 ANNUAL LEAVE, LONG SERVICE LEAVE AND PUBLIC HOLIDAYS INTRODUCTION The leave entitlements for all staff with Agenda for Change contracts are set out below. Entitlements for Annual Leave and General Public Holidays are set out in Section 13 of the Agenda for Change NHS Terms and Conditions Handbook, Continuity of Service is set out in Section 12, and additional elements in Section 11. Scotland and Wales have issued national Annual Leave Policies that incorporate and interpret entitlements set out in Agenda for Change. These are not significantly different to the issues listed in this briefing. However, members employed in the devolved administrations are recommended to view these policies which are available from the CSP website (www.csp.org.uk) www.wales.nhs.uk and www.show.scot.nhs.uk ANNUAL LEAVE ENTITLEMENTS IN ENGLAND, SCOTLAND & WALES Length of Service Annual Leave and General Public Holidays On appointment 27 days + 8 public holidays After 5 years 29 days + 8 public holidays After 10 years 33 days + 8 public holidays ANNUAL LEAVE ENTITLEMENTS IN NORTHERN IRELAND Length of Service Annual Leave and General Public Holidays On appointment 27 days + 10 public holidays After 5 years 29 days + 10 public holidays After 10 years 33 days + 10 public holidays Annual Leave Long Service Leave Public Holidays 2017 - ERUS IP 03 - February 2017 3 STATUTORY PUBLIC HOLIDAYS (BANK HOLIDAYS) England and Wales Public Holidays are fixed to the following days and the dates these days fall on: Christmas Day Boxing Day New Year’s Day Good Friday Easter Monday Spring Bank Holiday May Day August Bank Holiday Within Agenda for Change there is flexibility to alter these dates by local partnership agreement. Scotland Scotland has 8 Public Holidays of which 4 days are nationally fixed to specific dates: These are: 25th December Christmas Day 26th December Boxing Day 1st January New Year’s Day 2nd January Day after New Year’s Day The 4 remaining dates will be determined locally by NHS Employers. Once set these dates will apply to all staff employed in a particular NHS Board. Northern Ireland Northern Ireland has 10 Statutory Public Holidays; these are fixed to the following days and dates they fall on. Christmas Day Easter Tuesday Boxing Day Spring Bank Holiday New Year’s Day May Day St Patrick’s Day 12th July Easter Monday August Bank Holiday Annual Leave Long Service Leave Public Holidays 2017 - ERUS IP 03 - February 2017 4 CALCULATION OF LEAVE All full time staff working non standard hours and all part-time staff will have their leave calculated in hours. Calculation of Annual Leave for Part-Time Staff Part time staff are entitled to annual leave and bank holidays pro rata to the amount given to full-time staff. The calculation of annual leave and bank holidays for part-time staff is now in a fixed formula in the Agenda for Change Agreement that ensures that all part-time staff receive the exact pro-ratered amount of leave and bank holidays entitlement as full-time staff. The formula for calculating annual leave for part-time staff is as follows: Number of part-time hours worked pro-ratered against the total number of full-time hours leave and public holiday entitlement. See Annex 2 for a worked example of how to calculate part-time staff leave. Calculation of Annual Leave for Staff Working Term Time only Staff who work term time only will have their leave calculated on a pro-ratered hourly basis. Calculations for staff on term time contracts follows the same principle as that of part-time staff. See Annex 1 for examples on how to calculate leave for staff working term time only. Calculation of Leave for Full Time Staff Working Different Hours Each Day Full time staff who work non-standards hours i.e. have working days that vary in the number of hours e.g. long and short days must also have their leave calculated on an hourly basis in order to ensure equity of leave allowance across all part-time and full-time staff. See Annex 3 for an example of how this is worked out. OTHER CONDITIONS OF SERVICE RELATING TO ANNUAL LEAVE Calculation of annual leave if you have had a break in service Under Agenda for Change all periods of employed service in the NHS count as reckonable service for the calculation of annual leave. For example, if you join the NHS and work for six years then leave NHS employment for 18 months, on return to NHS employment your previous service will count towards your Annual Leave Long Service Leave Public Holidays 2017 - ERUS IP 03 - February 2017 5 long service leave entitlements. In this instance, on returning to NHS employment, you will be entitled to 29 days (+ 8 public holidays). NHS employers also have the discretion to count any periods of employment with employers outside the NHS that are judged to be relevant to the NHS. Carrying over of annual leave into the next year In the Agenda for Change provisions there is no specified right for staff to carry over annual leave into the next year or advice on a specified number of days or hours that staff can carry over. All trusts will have an annual leave policy in place that sets out the rights and amount of leave staff can carry over. In general, most employers allow staff to carry over 5 days worth of annual leave. Where staff who have been unable to take leave because of work demands or at the request of their employer, e.g. covering for staff absence etc. there should be no limit placed on the number of days or hours they can carry over. This and other aspects of annual leave policies that are not replaced by the Agenda for Change agreement should remain in place until a different policy is negotiated locally. Sickness during a period of annual leave Staff can accrue and take statutory annual leave during a period of sick leave. This means that: an employee on sick
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