<<

1.0 INTRODUCTION

1.1 North Lincolnshire Council recognises that enabling its employees to achieve an effective life balance benefits its employees, the organisation and ultimately the community it serves.

1.2 This policy describes annual leave provisions covered by conditions of and outlines the discretionary options available to employees regarding annual leave.

Note 1: Other discretionary forms of leave are available and may be granted by the appropriate manager. Guidance on these can be found in the council’s Special Leave policy B.3.1. Separate guidance on maternity, adoption, paternity, maternity support, parental and shared can be found in section B of the council’s Human Resources (HR) manual.

1.3 This document applies to all council employees subject to the terms and conditions of the National Joint Council (NJC) for Local Government Service National Agreement on Pay and Conditions of Service (the ‘Green book’). The principles of this policy also apply to the following groups of employees where national conditions are not prescribed:

• Soulbury officers • Joint Negotiating Committee (JNC) for Chief Officers and Chief Executives

If you are covered by any terms and conditions not outlined above, you should contact the Human Resources (HR) Advisory Service for more information.

1.4 The leave year runs from 1st April to 31st March.

1.5 All requests for annual leave should be made using the agreed method and approved in advance by the manager. Where available this will be through the iTrent Employee Portal.

1.6 In all circumstances, requests will be considered sympathetically but are subject to individual circumstances and the needs of the service.

Director Business Development – 25th July 2018, Updated – 26 April 2021 Page 1 of 6

SAFE WELL PROSPEROUS CONNECTED Annual Leave

2.0 ENTITLEMENT & PROCEDURE

2.1 Where amounts of leave are specified these are based on a 37 (5 day) . Part employees and those working irregular working patterns shall have applied to them the same provisions pro-rata to comparable 37 hour (5 day) week employees. Leave entitlement is calculated in and minutes for all employees. See B.3 Appendix 3 Annual Leave Good Action Guide for further information on annual leave calculations.

3.0 ANNUAL LEAVE

Not less than 10 Not less than 5 years complete years service continuous service Initial *at 1 April Scale

Hours Minutes Days Hours Minutes Days Hours Minutes Days

Grade 1-4 Apprentice 177 40 24 207 15 28 214 40 29

Grade 5-6 185 0 25 207 15 28 214 40 29

Grade 7-9 199 50 27 207 15 28 229 25 31

Grade 10-12 214 40 29 222 0 30 244 15 33

JNC officers 229 25 31 244 15 33 259 0 35

Note 2: Employees are entitled to two extra statutory days’ holiday, which have been incorporated into the above entitlements.

3.1 The above annual leave provisions have been calculated based on an average working day of 7.4 hours.

For example: 24 days x 7.4 hours = 177.6 hours annual leave entitlement.

This is based on the standard working week of 37 hours divided by 5 days. 4 days (Monday to Thursday) at 7.5 hours plus 7 hours on a Friday equals 37 hours. This divided by the 5 days gives the average working day of 7.4 hours. Entitlements are rounded up to the nearest five minutes.

Director Business Development – 25th July 2018, Updated – 26 April 2021 Page 2 of 6

SAFE WELL PROSPEROUS CONNECTED Annual Leave

3.2 For the purposes of booking annual leave, the actual hours and minutes that would have been worked should be deducted from the annual leave entitlement.

3.3 The annual leave entitlement of employees leaving or joining the council is proportionate to their completed months and days of service during the leave year.

3.4 The principle of calculation detailed at paragraph 3.3 will also apply in circumstances where an employee obtains a post that has a higher or lower annual leave entitlement part way through a leave year.

3.5 Leave entitlement shall be increased on a pro-rata basis using calendar days for those employees who attain five years’ service.

3.6 For employees who attain 10 years’ service, leave entitlement will be increased from 1 April the following year.

3.7 Employees who are redeployed to a lower graded post with a lesser annual leave entitlement will have their original annual leave entitlement protected to the end of the current leave year. The new entitlement will apply thereafter. See A.9 Appendix 1, Redeployment Scheme of Protection for further information.

Carry forward

3.8 Up to 37 hours (5 days) may be carried forward with the approval of the employee’s manager. In exceptional circumstances, where service needs demand, the relevant Head of Service may approve the carry forward of leave in excess of 37 hours (5 days).This is subject to an employee having taken a minimum of 207 hours and 15 minutes (28 days), which can include public holidays, in the corresponding leave year.

3.9 The Working Time Regulations require employees to take a minimum of 28 days (207 hours and 15 minutes) pro rata of their annual leave entitlement (including public holidays) in a leave year.

Note 3: The UK's Working Time Regulations give effect to the European Working Time Directive and aim to ensure workers’ health and safety by giving adequate rest and annual leave periods, and setting limits on hours worked. The Directive created the right for EU workers to a minimum of four ’ (20 days) annual leave each year. The UK’s Working Time Regulations extend this to 5.6 weeks (28 days) or equivalent. For further information on working time, see A.5 of the HR Manual.

Director Business Development – 25th July 2018, Updated – 26 April 2021 Page 3 of 6

SAFE WELL PROSPEROUS CONNECTED Annual Leave

3.10 All requests for the carry forward of annual leave shall be made using the appropriate annual leave request facility. Where available, this will be the iTrent Employee Portal.

4.0 UNPAID LEAVE

4.1 Employees may be granted up to 148 hours (20 days) unpaid leave in addition to their annual leave entitlement. This is subject to the needs of the service and manager approval. A request can only be made when the employee has used all of their annual leave entitlement for the current leave year. Additional unpaid leave can be taken in odd days or blocks.

Note 4: Periods of continuous unpaid leave in excess of 148 hours (20 days) should be requested in accordance with the council’s Flexible Working and Breaks scheme.

4.2 All requests for unpaid leave should be made to the immediate manager through the iTrent Employee Portal where available, or by using the form available at Appendix 2. Deductions from will be made on the basis of the actual hours and minutes that would have been worked.

Note 5: During a period of authorised unpaid leave employees in the LGPS do not pay contributions, and the unpaid leave will not count towards your scheme membership. However, the section will contact you to give you the option of paying pension contributions on the unpaid leave, which will then maintain your pension benefits, through a Shared Cost Additional Pension Contribution (SCAPC) contract.

Salary sacrifice scheme for additional annual leave

4.3 Eligible employees are able to enter into a salary sacrifice scheme to ‘buy’ additional annual leave, subject to approval by their manager.

4.4 Further information regarding this scheme can be found in the Salary Sacrifice for Additional Annual Leave FAQs B.3b

5.0 SICKNESS ABSENCE

5.1 Where an employee becomes sick during a period of annual leave, their entitlement during the current leave year will not be lost, if they comply with the council’s Attendance Management policy D.1 at all .

5.2 Employees who have been unable to take their annual leave due to sickness absence during the corresponding leave year will be entitled to carry forward

Director Business Development – 25th July 2018, Updated – 26 April 2021 Page 4 of 6

SAFE WELL PROSPEROUS CONNECTED Annual Leave

leave. The amount of carry forward will be the Working Time Directive entitlement of 148 hours (20 days) pro-rata, less any annual leave/public holidays taken during the leave year. Any remaining leave entitlement in excess of 20 days will be lost.

5.3 There will be no entitlement to a substitute day’s public holiday for those public holidays which occur during periods of sickness absence.

5.4 Employees whose terminates after a period of long-term sickness absence will be paid in lieu of any statutory leave entitlement that they would otherwise have carried forward from the previous leave year in accordance with paragraph 5.2 and all contractual leave accrued during the year of termination.

6.0 MATERNITY, ADOPTION AND SHARED PARENTAL LEAVE (FAMILY)

6.1 The guidance which applies in sickness absence scenarios at paragraph 5.2, will not apply in the context of family leave.

6.2 Employees are strongly encouraged to take the annual leave and public holiday entitlement they will accrue during periods of family leave in the corresponding leave year. However, any remaining contractual entitlement can be carried forward into the next leave year in exceptional circumstances. For example:

• Where an employee is unable to take their annual leave before they start their maternity leave due to the early birth of their child or pregnancy- related sickness absence; or • where an employee's family leave overlaps with the annual leave year to a significant extent.

7.0 PUBLIC HOLIDAYS

7.1 There are normally eight public holidays per calendar year. Further information on public holiday entitlements can be found in B.3 Appendix 3, Good Action Guide.

8.0 EMPLOYEES LEAVING THE COUNCIL’S EMPLOYMENT

8.1 Where employees leaving the council have accrued annual leave and have been unable to take time off due to the needs of the service or another

Director Business Development – 25th July 2018, Updated – 26 April 2021 Page 5 of 6

SAFE WELL PROSPEROUS CONNECTED Annual Leave

legitimate reason then payment in lieu of that time at plain time rate will be made, subject to paragraph 5.4.

8.2 Where employees leaving the council have taken annual leave in excess of that accrued and have been unable to make up that time then a deduction for those hours will be made from the final salary payment due.

8.3 Where an employee’s final salary payment is insufficient to allow for the whole of any such deduction, an account will be raised and the employee will be required to repay the outstanding amount due to the council within 30 calendar days of the termination of employment.

Director Business Development – 25th July 2018, Updated – 26 April 2021 Page 6 of 6

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

1.0 INTRODUCTION

1.1 This Good Action Guide (GAG) provides guidance on how annual leave is calculated. It also details how annual leave should be deducted from an employee’s entitlement.

1.2 Human Resources (HR) will calculate leave entitlement for any new starters.

2.0 NOTES OF GUIDANCE

2.1 Initial annual leave calculations will produce a decimal value. This should then be rounded up to the nearest five minutes.

Decimal Minutes 0.08 5 0.17 10 0.25 15 0.33 20 0.42 25 0.5 30 0.58 35 0.67 40 0.75 45 0.83 50 0.92 55

2.2 For the purposes of booking annual leave, the actual hours and minutes that would have been worked should be deducted from the annual leave entitlement.

Public Holidays

2.3 There are normally eight public holidays per calendar year, which are: • New Year’s Day • Good Friday • Easter Monday • May Day (early May) • Spring Holiday (late May) • Summer Holiday (August) • Christmas Day • Boxing Day

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 1 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

2.4 Any employee not categorised as a ‘standard’ full time employee will be allocated a public holiday entitlement in hours. For these employees the booking of public holidays should only occur where a public holiday falls on a day the employee would have been at work, had the public holiday not occurred. Employees must deduct their normal working hours and minutes for that day from their total public holiday entitlement.

Note 1: A ‘standard’ full time employee is one who works 37 hours per week: 7 hours 30 minutes Monday to Thursday and 7 hours on a Friday.

2.5 Where a public holiday falls on a day the employee would not have worked, no deduction should be made from their entitlement.

2.6 Depending on the days that public holidays happen to fall in any particular leave year, employees may end up with some of their public holiday entitlement remaining to add on to their annual leave entitlement, or they may have to use some of their annual leave entitlement where there is a shortfall.

2.7 Employees who have a public holiday entitlement are strongly encouraged to book their public holidays at the start of the year. This is so that they are aware whether or not this affects their annual leave entitlement.

Changes part way through a leave year

2.8 The annual leave entitlement of employees leaving, joining or transferring within the council is proportionate to their completed months and days of service during the leave year.

2.9 When 5 years’ service is reached the employee will receive the extra leave entitlement in the same leave year, on a pro rata basis using calendar days in the calculation.

2.10 When 10 years’ service is reached the employee will receive their extra leave entitlement at the beginning of the next leave year.

3.0 STANDARD FULL TIME EMPLOYEES

3.1 For ‘standard’ employees, the annual leave entitlements are stated in paragraph 3.0 of the Annual Leave policy. The entitlement is in hours and minutes and the calculation for this is as follows:

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 2 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

Annual leave entitlement in days x 37 = Entitlement in hours and minutes 5 (rounded up to the nearest 5 minutes)

4.0 PART TIME EMPLOYEES

4.1 A part time employee is one working less than 37 hours per week over any number of days per week.

4.2 For those employees who work part time the entitlement for annual leave and public holidays is calculated separately.

Annual Leave

4.3 Employees working part time will have their annual leave calculated as follows:

Annual leave entitlement in days x hours per = Entitlement in hours and minutes 5 week (rounded up to the nearest 5 minutes)

Public Holidays

4.4 Public holiday (PH) entitlement will be calculated as follows:

No. of PHs in the period x hours per week = PH entitlement in hours and minutes 5 (rounded up to the nearest 5 minutes)

4.5 There may initially seem to be a bias in favour of part time employees who work the latter end of the week (e.g. Wednesday, Thursday, Friday). As public holidays traditionally fall more on a Monday than any other day, these employees would not have to deduct as many hours from their public holiday entitlement, as employees whose working week includes a Monday. Therefore, they may have hours left over at the end of the leave year, to add on to their annual leave entitlement.

Example

4.6 In the 2017/18 leave year there were 9 public holidays. Employee A and Employee B work in a share arrangement in a Grade 3 job, and work 18 hours 30 minutes per week each. Both employees have less than 5 years’ service; therefore receive a pro rata entitlement to 24 days per year.

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 3 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

Employee A works: 7 hours 30 minutes on Monday and Tuesday 3 hours 30 minutes on Wednesday

Employee B works: 4 hours on Wednesday 7 hours 30 minutes on Thursday, 7 hours on Friday.

4.7 Using the calculation in paragraph 4.3, each employee will receive 88 hours 50 minutes annual leave entitlement.

4.8 Using the calculation in paragraph 4.4, each employee will receive 33 hours 20 minutes (33:20) of public holiday entitlement.

4.9 The table below shows how the public holiday leave should have been booked over 2017/18:

Note: Figures are given in hours and minutes (hh:mm) r = remaining Public holidays in 2017/18 Employee A hours Employee B hours

33 hours 20 minutes 33 hours 20 minutes

Good Friday (14/04/17) No deduction = 33:20 r - 7:00 = 26:20 Easter Monday (17/04/17) - 7:30 = 25:50 r No deduction = 26:20 r May Day (01/05/17) - 7:30 = 18:20 r No deduction = 26:20 r Spring Holiday (29/05/17) - 7:30 = 10:50 r No deduction = 26:20 r Summer Holiday (28/08/17) - 7:30 = 3:20 r No deduction = 26:20 r Christmas Day (25/12/17) - 7:30 = - 5:50 r No deduction = 26:20 r Boxing Day (26/12/17) - 7:30 = - 13:20 r No deduction = 26:20 r New Year’s Day (01/01/18) - 7:30 = - 20:50 r No deduction = 26:20 r Good Friday (30/03/18) No deduction = - 20:50 r - 7:00 = 19:20 r

4.10 Therefore, Employee A uses the full public holiday entitlement of 33 hours 20 minutes and also has to deduct 20 hours 50 minutes from their annual leave entitlement. Employee B has 19 hours 20 minutes to add on to their annual leave entitlement.

4.11 This may seem initially unfair to Employee A, but, they have the benefit of the public holidays as an extra day off in their normal working week, whereas Employee B does not receive an extra day off: the majority of the public holidays fall when they are not scheduled to work. Therefore, the additional 19 hours 20 minutes added on to their leave allows them to take this time off at an alternative time.

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 4 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

5.0 EMPLOYEES WORKING COMPRESSED HOURS

5.1 Employees working ‘compressed hours’ work their standard hours (i.e. 37 hours per week) over a shorter week or fortnight consisting of longer daily periods. For example, a four-day week, working 9 hours 15 minutes per day and having one day off each week or a nine-day fortnight, working five days one week and four days the next, on a two-week cycle.

Annual Leave

5.2 Employees working compressed hours will have their annual leave calculated as follows:

Annual Leave entitlement in days x hours per = Entitlement in hours and minutes 5 week (rounded up to the nearest 5 minutes)

Public Holidays

5.3 Public holiday (PH) entitlement will be calculated as follows:

No. of PHs in the period x hours per week = PH entitlement in hours and minutes 5 (rounded up to the nearest 5 minutes)

Example

5.4 Employee C works a 9-day fortnight as follows:

Week 1 5 days (Monday – Thursday) x 8:15 and Friday x 8:00 = 41 hours

Week 2 4 days (Monday – Thursday) x 8:15 = 33 hours

This averages a 37-hour week. Their leave entitlement is 177:40 (24 days) with a public holiday entitlement of 66:40.

5.5 The 2017/18 leave year had 9 public holidays. The table below shows how the public holiday leave should be booked over 2017/18 assuming that Week 1 commences on 3 April 2017:

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 5 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

Note: Figures are given in hours and minutes (hh:mm)

Public holidays in 2017/18 Good Friday (14/04/17) No deduction (non-working day) 66:40 remaining Easter Monday (17/04/17) - 8:15 = 58:25 remaining May Day (01/05/17) - 8:15 = 50:10 remaining Spring Holiday (29/05/17) - 8:15 = 41:55 remaining Summer Holiday (28/08/17) - 8:15 = 33:40 remaining Christmas Day (25/12/17) - 8:15 = 25:25 remaining Boxing Day (26/12/17) - 8:15 = 17:10 remaining New Year’s Day (01/01/18) - 8:15 = 08:55 remaining Good Friday (30/03/18) No deduction (non-working day) 08:55 remaining

5.6 Therefore in this leave year, there was enough public holiday entitlement to cover all the public holidays that fell on the days the employee would have been at work. No deduction needs to be made from the annual leave entitlement and the employee will have 8 hours and 55 minutes’ leave to use at another time.

5.7 As in the examples for part-time employees there may be circumstances where a particular working pattern means an employee would need to deduct hours from their annual leave entitlement to cover all the public holidays, but where this occurs it will be because a higher proportion of public holidays have fallen on their normal working days, and they have had the benefit of an additional day’s holiday in those particular weeks

6.0 EMPLOYEES WORKING TERM-TIME ONLY (TTO)

6.1 Term-time only employees work a reduced number of weeks during the year and accrue paid leave pro rata to ‘year round’ employees.

6.2 The number of days in the leave year that an employee is contracted to work will be divided by the number of possible working days (for a ‘year round’ employee) in the table below to calculate a TTO factor. This factor when applied to the contracted hours per week as a proportion of the contracted hours per week of a full time employee, will provide the employee’s FTE figure.

Note 2: Full time equivalent (FTE) is a way of measuring an employee’s working time. For example an employee contracted to work 37 hours, five days a week, ‘year round’ will have an FTE of 1.00. An employee who works 37 hours a week but on a term time only basis (i.e. not during periods of school closure) will have a minimum FTE of 0.83.

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 6 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

Calculating the possible working days available

Available 365 365 365 365 365 365 365 365 365 minus days per year*

Annual leave entitlement days 24 25 27 28 29 30 31 33 35 minus (Includes the two extra statutory days)

Public 8 8 8 8 8 8 8 8 8 minus holidays (average) 104.29 104.29 104.29 104.29 104.29 104.29 104.29 104.29 104.29 Weekends** Total non- TOTAL working days 135.29 137.29 139.29 140.29 141.29 142.29 143.29 145.29 147.29 Possible working days 228.71 227.71 225.71 224.71 223.71 222.71 221.71 219.71 217.71 remaining in the year *No adjustment will be made in leap years **There is not an exact number of weeks within a year: there are 52.143 weeks, which this figure reflects.

Calculating the FTE for TTO employees

Contracted working days per year Contracted hours per x week = FTE Possible working days per year 37

Example 1:

Bill works 16 hours per week as an escort on a bus, supporting children with additional needs on their journey to and from school. He only works when schools are open to students, which is for 190 days per year. His annual leave entitlement due to his grade and length of service is 28 days per year:

190 16 x = 0.37 FTE (to 2 decimal places) 224.71 37

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 7 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

Example 2:

Susan works 10 hours per week as a kitchen assistant in a primary school. She works on the days the school is open to students (190 days), plus an additional four days in the school holidays when the kitchen has a deep clean. Her annual leave entitlement is 24 days per year:

194 10 x = 0.23 FTE (to 2 decimal places) 228.71 37

6.3 The total annual salary for employees working a term-time only arrangement includes their paid annual leave and public holiday entitlement. This is pro rata for the days they are contracted to work during the leave year and is paid in 12 equal monthly instalments.

6.4 In any term-time only working arrangement, although a monthly payment is made for pro-rata annual leave and public holiday entitlement, the leave is understood to be allocated during the periods of school closure. In exceptional circumstances employees wishing to take leave during term-time must seek authorisation in advance from their manager. Any requests for holidays (even unpaid) within term-time will not normally be approved.

6.5 New starters Where an employee starts work in a term-time only post part way through the leave year (1 April to 31 March), a specific formula will need to be applied for the remainder of the year to ensure the term-time formula accurately reflects their paid leave entitlement relative to the number of contracted working days remaining in that leave year. Depending on the point in the leave year that employees commence in a post, this may result in their salary increasing or decreasing from the following 1 April. 6.6 Leavers Where an employee leaves a term-time only post part way through the leave year (1 April to 31 March), an adjustment will be made to their final salary. This will be based on the proportion of their contracted days they have worked up to their date of termination, compared with the proportion of their annual pay they have received for the same period.

6.7 Contractual Changes A calculation will take place whenever there is a contractual change part way through the annual leave year that changes a term-time employee’s rate of pay or annual leave entitlement. This may result in an adjustment to the employee’s

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 8 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

salary. This is to ensure that the pay received so far and the pay received for the rest of the year accurately reflects the working days and accrued leave entitlement at the correct rate of pay for each part of the year.

6.8 For the purposes of 6.5 to 6.7 above, the ‘standard’ contracted working days for a term-time only employee are 190 days per year. Where an employee will be contracted to work in excess of this (e.g. 195 days for an employee working term-time plus days (sometimes referred to as ‘INSET’ days)), managers will need to provide the details of when these additional days will occur within the leave year to enable accurate calculations to be made.

7.0 ANNUAL LEAVE AND SICKNESS ABSENCE

Legal framework

7.1 Following several high-profile cases, court decisions have determined that:

• Employees can accrue and take statutory annual leave during sickness absence; • an employee on a period of sickness absence for all or part of the annual leave year is entitled to any untaken statutory annual leave (provided for by the Working Time Directive – up to a maximum of four weeks (20 days)) when they return to work;

• if the employee on sickness absence has not had an opportunity to take the entitlement in the current leave year, this will mean carrying the leave over to the next leave year;

• when employment is terminated before the employee has had the opportunity to take their annual leave entitlement due to sickness, the worker is entitled to pay in lieu at their normal rate of pay. Entitlement to pay in lieu only arises on termination of employment;

• where an employee’s planned statutory leave coincides with a period of sickness absence, the employee has the option to designate an alternative period to take their leave entitlement. If they wish to take annual leave during the sickness absence, they should make the request to their manager. The manager will notify the HR Advisory Service who will arrange the necessary pay adjustments, If they do not wish to do so,

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 9 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide the annual leave must be granted at a different time (even if this means carrying it over to the next leave year).

Carrying leave forward

7.2 If you have been unable to take your annual leave due to sickness absence during the corresponding leave year you will be entitled to carry forward leave in excess of the five days pro-rata specified in the annual leave policy.

7.3 The amount to be carried forward will be the statutory leave entitlement of 148 hours (20 days) pro-rata, less any annual leave/public holidays taken during the leave year. Any remaining contractual leave entitlement in excess of 20 days will be lost.

7.4 Employees carrying forward annual leave accrued during sickness absence, will have a maximum of 18 months to take the accrued leave, from the date they return to work.

7.5 Public holidays which occur during a period of sickness absence should not be deducted from the total regardless of whether full pay, half pay or no pay is received.

Example 1:

Maria works full-time and has an annual leave entitlement of 177 hours and 40 minutes (24 days). She is absent due to sickness for nine months and does not return to work until the following leave year. Prior to her absence she had taken 37 hours (5 days) annual leave and had also had the benefit of four public holidays equating to 29 hours and 30 minutes: a total of 66 hours and 30 minutes The calculation for carry forward is as follows:

148 hours statutory entitlement minus 66 hours and 30 minutes = 81 hours and 30 minutes leave to be carried forward to the following year.

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 10 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

Example 2:

Nick is a part-time employee (20 hours per week) with an annual leave entitlement of 96 hours and a public holiday entitlement of 32 hours. He is absent due to sickness for the last six months of the leave year and does not return to work until the following leave year. Prior to this absence he had taken 30 hours annual leave and 10 hours public holiday entitlement: a total of 40 hours. The calculation for carry forward is as follows:

20 days/5 x 20 hours = 80 hours statutory entitlement 80 hours minus 40 hours = 40 hours leave to be carried forward to the following year.

Pay in lieu of leave

7.6 Employees whose employment terminates after a period of long-term sickness absence will be paid in lieu of any statutory leave that they would otherwise have carried forward from the previous leave year and all contractual leave accrued during the year of termination:

Annual leave accrued during the previous leave year

The amount to be paid will be the statutory leave entitlement of 148 hours (20 days) pro-rata, less any annual leave/public holidays taken during the year. Any remaining contractual leave entitlement in excess of 20 days will be lost. plus Annual leave accrued during the current leave year (year of termination)

The amount to be paid will be the contractual entitlement to annual leave and public holidays accrued up to and including the date of termination of employment.

Public holidays which occur during short-term sickness absence

7.7 In normal circumstances there will be no entitlement to a substitute day’s public holiday for those public holidays which occur during short-term periods of sickness absence. However, it should be noted that for employees with a leave entitlement of 177 hours and 40 minutes (24 days) 185 hours (25 days) or 199 hours and 50 minutes (27 days) public holidays make up the remainder of the statutory leave entitlement (28 days).

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 11 of 12

SAFE WELL PROSPEROUS CONNECTED Annual Leave Appendix 3 – Good Action Guide

7.8 Therefore, in some exceptional circumstances there will be a need to provide the employee with a substitute day’s public holiday to make up any statutory

shortfall, to be taken during the remainder of that leave year or carried forward as appropriate.

Sickness during planned annual leave

7.9 Employees who become sick during a period of annual leave will not lose their allocation of annual leave during that leave year (subject to the provisions of the Annual Leave policy B.3), provided that they comply with the council’s Attendance Management policy D.1 at all times.

Annual leave during sickness absence

7.10 Where an employee is absent through sickness, any request to take annual leave during the period of sickness will be considered on a case-by-case basis, following the normal approval process.

Director Business Development – 25th July 2018, Updated – 26th August 2020 Page 12 of 12

SAFE WELL PROSPEROUS CONNECTED