Annual Leave Policy

V3.1

March 2021

Summary

How to determine total leave entitlements

No Is the staff member new to Yes the Trust?

No Does the staff member have Yes previous service with the NHS and/or UK Armed Forces?

Determine verified NHS and/or UK Armed Forces total length of service (see Section 6.5)

Use annual leave entitlement Use annual leave entitlement chart (Appendix 4) to establish chart (Appendix 4) to establish annual leave in hours annual leave in hours as determined by length of as determined by length of service (verified NHS and/or UK service and weekly contracted Armed Forces) and weekly hours contracted hours

Divide total by 12 then multiply by number of calendar months worked after date of joining and before end of leave year (see Section 6.6)

Use public holiday entitlement Use public holiday entitlement chart (Appendix 5) to calculate chart (Appendix 5) to calculate annual entitlement to public entitlement to any outstanding holidays in hours public holidays remaining in the year of joining

Add annual leave and public holiday entitlement together to calculate total annual leave entitlement in hours

Please note: All staff should record their annual leave as a total leave entitlement in hours. Whenever a member of staff takes leave (annual leave or public holiday), the contracted hours normally worked on the day should be deducted from the total leave entitlement. This will ensure that part-time staff and staff members whose working patterns are other than a standard five days of equal length each week receive the correct pro-rata entitlement.

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Table of Contents

1. Introduction ...... 5 2. Purpose of this Policy ...... 5 3. Scope ...... 5 4. Definitions / Glossary ...... 5 5. Ownership and Responsibilities ...... 6 5.1. Role of the Director of People and Organisational Development ...... 6 5.2. Role of managers ...... 6 5.3. Role of individual staff ...... 6 6. Standards and Practice ...... 7 6.1. Entitlements ...... 7 6.2. Total holiday entitlements to be calculated in hours ...... 7 6.3. Public holidays ...... 7 6.4. Annual leave entitlement for part-time staff ...... 8 6.5. Calculation of reckonable service ...... 9 6.6. Annual leave entitlement for veterans ...... 9 6.7. Entitlement on joining ...... 10 6.8. Minimum annual leave to be taken ...... 10 6.9. Maximum periods of annual leave ...... 10 6.10. Arrangements for taking annual leave ...... 10 6.11. Changes in long service entitlements during the year ...... 11 6.12. Entitlement on changing contract hours ...... 12 6.13. Entitlement on leaving ...... 12 6.14. Carrying forward contractual leave (special arrangements applying to annual leave carry forward allowance for 2021/2022) ...... 12 6.15. Sickness occurring during annual leave or public holidays ...... 14 6.16. Annual leave entitlement and carry forward during long-term sick leave ...... 14 6.17. Annual leave accrual during maternity leave...... 15 6.18. Religious and cultural observance ...... 15 6.19. Options for staff wishing to take additional annual leave ...... 15 6.20. Queries ...... 15 7. Dissemination and Implementation ...... 15 8. Monitoring compliance and effectiveness ...... 16 9. Updating and Review ...... 16 10. Equality and Diversity ...... 16 Appendix 1. Governance Information ...... 17

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Appendix 2. Initial Equality Impact Assessment ...... 21 Appendix 3. Examples of how to determine total leave entitlements ...... 23 Appendix 4. Annual leave chart (exclusive of public holidays) ...... 29 Appendix 5. Public holiday entitlement ...... 31 Appendix 6. Recognised NHS Employers ...... 33 Appendix 7. Previous service with non-NHS employers ...... 34 Appendix 8. Application form to request annual leave whilst on sick leave ...... 35 Appendix 9. AFC Annex 25 – Arrangements for public holidays over the Christmas and New Year holiday periods ...... 37

Data Protection Act 2018 (General Data Protection Regulation – GDPR) Legislation The Trust has a duty under the DPA18 to ensure that there is a valid legal basis to process personal and sensitive data. The legal basis for processing must be identified and documented before the processing begins. In many cases we may need consent; this must be explicit, informed and documented. We cannot rely on opt out, it must be opt in. DPA18 is applicable to all staff; this includes those working as contractors and providers of services.

For more information about your obligations under the DPA18 please see the Information Use Framework Policy or contact the Information Governance Team [email protected]

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1. Introduction 1.1. Royal Cornwall Hospitals NHS Trust (the Trust) is committed to developing and maintaining working arrangements which enable staff to achieve a better work life balance.

1.2. The Trust recognises the importance of annual leave in helping staff achieve this and will seek to ensure that staff take the annual leave to which they are entitled.

1.3. This version of the policy supersedes all previous versions of this document. 2. Purpose of this Policy 2.1. The aim of this policy is to provide a uniform and equitable approach to the management and calculation of annual leave and general public holidays for staff.

2.2. The policy is in accordance with the NHS Terms and Conditions of Service Handbook (Agenda for Change) entitlements, the provisions of the Working Time Directive and Working Time Regulations 1998 (as amended), the Part- Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed-Term Workers (Prevention of Less Favourable Treatment) Regulations 2002.

2.3. It also reflects the Trust’s commitment to the Armed Forces Covenant and its status as a Veteran Aware hospital. (See Section 6.6 and Appendix 7). 3. Scope 3.1. The policy applies to all staff employed under the NHS Terms and Conditions of Service (Agenda for Change) and to very senior managers (VSM).

3.2. The policy does not apply to medical and dental staff and Kernowflex workers to whom separate provisions apply. 4. Definitions / Glossary . Contractual leave - holiday entitlement set out in the contract of employment in accordance with NHS terms and conditions of service. . Statutory leave - a worker’s minimum entitlement to paid holiday as set out in the Working Time Regulations (5.6 weeks of contracted hours which includes an allowance for public holidays). . Long-term sickness absence - a period of continuous absence lasting more than four calendar weeks. . Compressed hours - contracted hours worked over less than five days/week. . Me Allocate - an electronic system that enables staff members to view all aspects of their roster in the past, present and as far into the future as the rosters have been published. It allows staff to request leave as well as see the balance and approval status. Use of Me Allocate is recommended by the Trust as best practice.

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. Veteran - a former member of the UK Armed Forces. For the purposes of this policy, the UK Armed Forces consists of the Royal Navy, British Army and Royal Air Force. . Armed Forces Covenant - a promise by the nation that those who serve or who have served in the armed forces, and their families, should be treated with fairness and respect in the communities, economy and society they serve with their lives. 5. Ownership and Responsibilities 5.1. Role of the Director of People and Organisational Development The Director of People and Organisational Development (OD) is responsible for the implementation of this policy.

5.2. Role of managers Managers are responsible for: . calculating a staff member’s entitlement to annual leave and public holidays and ensuring these are recorded on e-roster in hours. This enables clear, visual and accurate records for all individuals and facilitates the monitoring of requests and uptake to ensure individuals are taking regular breaks from work . ensuring staff are aware of the provisions of the Trust’s Annual Leave Policy with particular regard to the management of public holidays for part-time workers or staff who do not work their hours over five days . ensuring individuals are aware of the procedures for requesting annual leave within their own departments and encouraging the use of Me Allocate as best practice . ensuring each application is managed equitably, balancing the needs of the service and needs of the individual and ensuring arrangements are in place to cover service requirements . recording and monitoring annual leave to ensure the appropriate leave entitlement is taken as planned within each leave year, ensuring it is spread across the leave year to avoid excessive levels at peak times or in March (the end of the leave year - see section 6.10).

5.3. Role of individual staff All staff members are responsible for: . ensuring their annual leave is planned throughout the year in consultation with their team and the agreement of their line manager ensuring it is spread across the leave year to avoid excessive levels at peak times or in March (the end of the leave year). (See section 6.10) . seeking their line manager’s agreement and authorisation for each period of annual leave, through the use of Me Allocate as best practice, giving as much notice as possible to allow managers to plan absences across a department . not making any bookings or payments for holidays until their request for annual leave has been granted

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. keeping an accurate record of their annual leave status (a summary of leave taken, as well as the balance and approval status, is available from Me Allocate . notifying their manager when their length of service increases and an adjustment to their annual leave entitlement is required (five and ten years) in a timely manner and, at the latest, immediately prior to the leave year in which the change occurs.

Any staff members alleged to have falsified their entitlement or taken annual leave in excess of their entitlement will be investigated in accordance with the Trust Disciplinary Policy and Procedure which could result in disciplinary action up to and including dismissal. 6. Standards and Practice 6.1. Entitlements 6.1.1. The annual leave year runs from 1 April to 31 March. Based on the standard hours for full-time staff (37.5 hours per week), the basic contractual leave provisions under the NHS terms and conditions of service are:

Days Hours

Length of service A/L PH* Total A/L PH* Total First 5 years following 27 8 35 202.5 60 262.5 appointment After 5 years’ service 29 8 37 217.5 60 277.5 After 10 years’ service 33 8 41 247.5 60 307.5

*In some years there may be fewer or more public holidays within a leave year (see section 6.3.4)

6.1.2. Part-time staff are entitled to a pro-rata entitlement to annual leave and public holidays based on their contracted hours.

6.2. Total holiday entitlements to be calculated in hours 6.2.1. All staff should record their annual leave as a total leave entitlement in hours. To calculate total annual leave entitlement the entitlements detailed in Appendix 4 (annual leave chart) and Appendix 5 (public holiday entitlement) should be added together.

6.2.2. When any leave is taken (whether annual or public holiday) the contracted hours that would normally be worked on the day should be deducted from the total leave entitlement.

6.3. Public holidays 6.3.1. To ensure all members of staff (including staff who work part-time and those whose working patterns are other than a standard five days) have a fair, equitable and static entitlement, the calculation of public holiday entitlement is based on the number of basic contracted hours worked per week.

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6.3.2. A public holiday is defined as any period of normal duty that starts within the period of 24 hours from midnight to midnight on the day of the public holiday.

6.3.3. The eight public holidays are:  Good Friday  Easter Monday  May Day  Spring Bank holiday  August Bank holiday  Christmas Day  Boxing Day  New Year’s Day.

6.3.4. In some years, where Easter falls in either March or April, fewer or more than eight public holidays will fall within a leave year. On these occasions staff will be entitled to the actual number of public holidays occurring in the leave year (pro-rata for part-time staff). The second column in Appendix 5, ‘hourly entitlement on each public holiday’, has been included to assist with this calculation eg, 8 x 7.5 = 60 hours.

Please note these tables are to be used to calculate the accrual of public holiday hourly entitlement only. When leave is taken on a public holiday the contracted hours normally worked on the day should be deducted from the total leave entitlement.

6.3.5. In accordance with paragraph 13.4 of the NHS Terms and Conditions of Service Handbook, staff required to work or to be ‘on call’ on a public holiday are entitled to the appropriate enhanced payment. As the public holiday entitlement for the day will have already been included in the staff member’s total leave entitlement, there is no requirement to add or deduct any hours and the public holiday entitlement for that day can be used at a later date.

6.3.6. If staff work part-time or compressed hours and their department is closed on a public holiday, their days off cannot be re-allocated to the day of the public holiday in order to accrue additional leave.

6.3.7. When Christmas and New Year public holidays fall at weekends, Annex 25 of the NHS Terms and Conditions of Service Handbook sets out the arrangements that apply when staff work on the public holidays. Arrangements will need to be made to ensure staff retain the right to three public holidays only across this holiday period. For further details please see Appendix 9.

6.4. Annual leave entitlement for part-time staff 6.4.1. Part-time staff are entitled to a pro-rata entitlement to leave (including public holidays) based on their contracted hours.

6.4.2. Their leave should be calculated as a total leave entitlement in hours (annual leave plus public holiday leave). Please see Appendix 3, worked example 5.

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6.4.3. In accordance with their working pattern, the number of contracted hours that they would normally work on any day taken as leave (annual or public holiday) should be deducted from their total leave entitlement.

For example, a part-time member of staff who is contracted to work 30 hours per week, working 7.5 hours per day over four days, Monday to Thursday, will be required to deduct 7.5 hours per leave day taken.

As this individual does not normally work on a Friday, they are not required to deduct hours for any public holidays that fall on a Friday.

6.5. Calculation of reckonable service 6.5.1. Previous employment with an NHS employer or as a member of the UK Armed Forces (see Section 6.6 below) will count as reckonable service in respect of annual leave regardless of whether or not there has been a break in service.

For example, if a member of staff worked in the NHS for five complete years, left for two years and rejoined three years ago, their total service for annual leave purposes would be eight years.

6.5.2. Appendix 6 lists the organisations recognised as NHS employers. Staff who wish to demonstrate previous service with another NHS employer or the UK Armed Forces are responsible for providing documentary evidence to support their previous service claim (eg staff transfer form, contractual documents, payslips, Armed Forces certificate of service) within three months of the date of the commencement of their employment with the Trust.

6.5.3. Confirmation of previous service provided after three months from the date of commencement will be recognised from the date the confirmation is received by the Trust via the line manager. Previous service cannot be recognised without written confirmation.

6.5.4. Staff transferred to the Trust as part of a transfer of service will have the period of continuous employment with the former employer taken into account.

6.5.5. The Trust may also take into consideration previous employment/service with the organisations listed in Appendix 7. However, to qualify for this benefit in respect of annual leave, the period of service must be verified and has to be in a role that is highly relevant to the new role undertaken within the Trust.

6.6. Annual leave entitlement for veterans 6.6.1. In November 2018 the Trust signed the Armed Forces Covenant Pledge.

6.6.2. The Trust further demonstrated its commitment to the principles of this promise by agreeing to recognise, with effect from 1 April 2019, all previous

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service accrued within HM Armed Forces as counting towards annual leave entitlement.

6.6.3. Evidence of service must be presented to line managers (see Section 6.5.2.)

6.6.4. For the leave year 1st April 2019 to 31st March 2020 only, managers are advised to allocate a revised leave allowance based on evidence of service. Leave entitlement cannot be backdated beyond 1st April 2019.

6.6.5. With effect from 1st April 2020, the allowance should be included in the annual leave allocations of existing staff members while the principles of Section 6.5 will apply to new members of staff.

6.7. Entitlement on joining 6.7.1. Entitlement in the first year is calculated at 1/12th of the annual leave entitlement for each complete calendar month worked after the date of joining and before the end of the leave year plus any remaining public holidays in the year of joining. Please see Appendix 3, worked example 6.

6.7.2. Staff members who begin their employment up to and including the 7th day of the month will receive leave entitlement for the whole of the first month. Staff joining on the 8th day or later will not receive entitlement for the first month.

6.8. Minimum annual leave to be taken 6.8.1. Staff should be provided with the opportunity to take all their annual leave within the annual leave year and they should be pro-active in taking this leave.

6.8.2. Staff must, however, take the equivalent of their minimum statutory entitlement, ie 5.6 weeks (of their weekly contracted hours) of annual leave each leave year.

6.8.3. Staff should not work in any capacity for the Trust or any other organisation during their leave without prior discussion with, and the agreement of, their manager.

6.9. Maximum periods of annual leave 6.9.1. Generally, a maximum of two weeks’ leave may be applied for and granted at any one time although managers should not unreasonably refuse a request for a longer period.

6.9.2. Options for requesting additional leave, over and above contractual entitlement, are outlined in the Trust’s Additional Annual Leave Purchase Scheme and Career/Employment Break policies, copies of which are available on the Trust’s document library.

6.10. Arrangements for taking annual leave 6.10.1. At the beginning of the leave year, managers and staff should look ahead and plan how leave will be taken.

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6.10.2. It is expected that staff should only have 25% of their leave outstanding at the commencement of the final three months of the annual leave year except:  by prior arrangement with the line manager  due to the needs of the service  as a result of ill health/maternity leave.

6.10.3. To maintain service delivery, staff should give as much notice as possible when making a request for annual leave as this allows managers to plan for absences across a department and makes it more likely that a request can be granted.

6.10.4. In accordance with the Working Time Regulations (WTR) the minimum period of notice normally required to take leave is twice as long as the period of leave being requested, eg four weeks’ notice for two weeks of annual leave. However, many departments, due to service delivery requirements, will require a longer period of notice at peak periods such as, for example, during school holidays or the end of the financial year.

6.10.5. All requests should be considered and accommodated wherever possible, provided they are reasonable and do not have a detrimental impact on the cover provided by the department or the delivery of the service.

6.10.6. Staff are advised not to make any bookings or payments for holidays until their request for annual leave has been granted.

6.10.7. Approved leave should be taken unless a request not to take it is agreed by the manager.

6.10.8. Managers are not obliged to agree to changes being made to periods of approved leave particularly when it is likely that a staff member will not have taken the statutory minimum period of leave by the end of the leave year.

6.11. Changes in long service entitlements during the year 6.11.1. Staff are responsible for informing their line manager when their annual leave entitlement increases (after 5 and 10 years’ service respectively). If a staff member does not notify their line manager of the increased entitlement immediately prior to the year in which the uplift occurs, then the additional leave due can only be taken if there is sufficient time, subject to service delivery requirements, for the leave to be accommodated before the end of the annual leave year.

6.11.2. Staff whose annual leave entitlement changes part way through a leave year as a result of long service (five or ten years) should have their annual leave entitlement calculated in two parts on a pro-rata basis.

6.11.3. The calculation will be based on the number of completed months worked in the leave year prior to and after reaching the long service threshold.

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6.11.4. When the date of the long service threshold occurs part way through a month then the calculation for that month will be determined by whichever entitlement has the most days. Please see Appendix 3, worked example 2.

6.12. Entitlement on changing contract hours 6.12.1. When staff change their contracted hours part way through a year, their entitlement to annual leave will be re-calculated on a pro-rata basis; based on the ‘old’ and ‘new’ contracted hours. Please see Appendix 3, worked example 3.

6.12.2. Changes in hours should normally be effective from the start of a month. However, when the date of the change in hours occurs part way through a month, the calculation for that month will be determined by whichever part of the month has most days. Please see Appendix 3, worked example 3.

6.13. Entitlement on leaving 6.13.1. Staff who leave the Trust will receive 1/12th of their annual leave entitlement for each complete calendar month worked in the leave year, less any annual taken. They will also be entitled to receive any outstanding hours for the public holidays that have occurred in the leave year prior to leaving (pro rata for part-time staff) but have not been taken. Please see Appendix 3, worked example 7.

6.13.2. Where the full entitlement has not been taken, service will be extended and payment made. Where the leave taken is greater than the entitlement, a deduction will be made from the final salary payment. In this situation the line manager, Finance department and member of staff will agree the process for recovery of the overpayment made in accordance with the Trust’s Policy and Procedure in case of an Under or Overpayment of Salary, Allowances and Benefits, a copy of which is available from the Finance section of the Trust’s document library.

6.14. Carrying forward contractual leave (special arrangements applying to annual leave carry forward allowance for 2021/2022) 6.14.1. Staff are expected to take all their annual leave allocation in the year it is accrued and managers should work with staff to ensure this happens. However, (subject to the requirements of the service including a review of attendance and with the written consent of their manager), up to one week’s contracted hours may be carried forward from one annual leave year to the next. Please see sections 6.15 and 6.16 for information regarding sickness absence that occurs during a period of annual leave and the carry forward of leave during long-term sickness absence.

6.14.2. Where staff have been unable to take their full contractual entitlement to leave before the end of the year due to service demands, they should be allowed to make up the deficiency during the following leave year at a time to be mutually agreed with their manager. However, staff must take the minimum statutory leave (5.6 weeks of contracted hours) each year.

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Annual leave carry forward allowance 2021-22 Extract from RCHT Communication by the Director of People and OD 10th February 2021

The Trust has been made aware that, during the current pandemic, some members of staff may have been unable to use all of their annual leave during 2020-21 or have had to cancel pre-booked leave to support the demand for patient care.

It has been agreed with our Joint Negotiation and Consultative Committee, Joint Local Negotiation Committee and the executive team that we will support staff to carry forward up to 10 days’ (two weeks of your usual working hours or equivalent hours depending on working pattern) and pro rata for part time staff, to the 2021-2022 leave year, with your line manager’s agreement. In addition, where a situation may fall outside of these boundaries, line managers are trusted to use their reasonable discretion to support their staff. This amount is inclusive of the five days (or equivalent hours depending on working pattern), pro rata for part time staff, already provided for in our current internal annual leave policies.

Any untaken additional annual leave purchased for 2020-2021 may either be repaid via notification to Payroll or carried forward to the 2021-2022 leave year once agreed with your line manager. This is in addition to the 10 days for annual leave carry over for 2021-2022.

All requests to carry forward leave additional to that permitted in the existing leave policy must be discussed with and agreed by your line manager. Please can we ask that all requests are notified to the Care Group/Corporate general manager for service delivery, recovery planning and oversight.

In considering requests to carry forward the additional leave managers should ensure that an individual:

. has taken their minimum statutory leave entitlement (5.6 weeks including public holidays) within the leave year (2020-2021) . has been unable to take leave due to the impact of the pandemic, and . their wellbeing will not be compromised in any way.

The line manager and individual are jointly responsible for managing leave entitlement, including any leave carried forward.

We request managers ensure that: . any leave approval or refusals are documented using the normal system eg e-roster, record on p file

. an individual’s e-roster record is amended to include any agreed leave carried forward,

and . the e-roster records for all the staff members they manage are updated to reflect the projected end of year position by 19 February 2021.

This will ensure that the carried forwarded budget impact for 2021-22 can be allocated appropriately and we can notify our regulators NHSIE as required. Our message however remains the same. Where it is possible, all staff should continue to take leave to support their wellbeing and rest away from work, and managers should support staff to do this as we need to ensure we look after one another. This arrangement will be reviewed again prior to the 2022-2023 leave year.

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6.15. Sickness occurring during annual leave or public holidays 6.15.1. Members of staff who fall sick whilst on annual leave and report their absence in accordance with the Trust’s Attendance Management Policy and/or their departmental procedure will, subject to the provision of a GP Fit Note (Med 3), have the period of absence covered treated as sick leave, allowing them to take the annual leave another time (subject to 6.15.2 below).

6.15.2. In accordance with NHS terms and conditions of service (Agenda for Change), staff will not be entitled to an additional day off if they are sick on a public holiday. In this situation managers and staff should ensure the hours are deducted from their total annual leave entitlement.

6.16. Annual leave entitlement and carry forward during long-term sick leave (long term sick defined as “a period of continuous absence lasting more than four calendar weeks”)

6.16.1. Staff can accrue and request to take annual leave (up to a maximum of 5.6 statutory weeks of their weekly contracted hours) during a period of long-term sickness. They may wish to request annual leave in order to receive full pay for the period, eg if they are receiving half pay, nil pay or are receiving only statutory sick pay (SSP).

6.16.2. Members of staff should request leave in the usual way by using the application form at Appendix 8 and by following the annual leave process of their department.

6.16.3. Staff should always keep their manager informed of their availability and contact details as there may be a requirement for them to attend any review meetings and be available for Occupational Health consultations.

Carry forward leave

6.16.4. Staff on long-term sick leave for all or part of the leave year, who are genuinely unable to take their remaining leave before 31 March (end of the leave year), are entitled to carry forward up to four statutory weeks of their contracted weekly hours to the following leave year.

The amount of any carry forward leave due should be worked out by using the following calculation:

5.6 weeks’ contracted hours, minus any annual leave and public holidays already taken (in hours) as at 31 March = leave to be carried forward (up to a maximum of four weeks’ contracted hours).

6.16.5. Staff who are unable to return to work before they have the opportunity to take their accrued leave (due to the termination of their employment) are entitled to a payment in lieu. Advice regarding the calculation should be sought from the local HR practitioner.

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6.17. Annual leave accrual during maternity leave Contractual annual leave (which includes public holidays) will continue to accrue during paid and unpaid maternity leave. Where the amount of accrued annual leave exceeds normal carry over provisions, it may be mutually beneficial to both the Trust and staff member for the staff member to take annual leave before and/or after the formal maternity leave period. The amount of leave to be taken in this way, or carried forward, should be agreed with the manager. Payment in lieu may be considered as an option where accrual of annual leave exceeds normal carry over provision. For further information, please refer to the Trust’s Guide to Being Pregnant at Work and Maternity Leave, available from the Childcare Co-Ordination website (see A-Z services on the Trust intranet).

6.18. Religious and cultural observance 6.18.1. Subject to service needs, the Trust will support requests, wherever possible, for time off during religious festivals which are not covered by statutory public holidays. Line managers should use discretion to grant annual leave, time off in lieu, flexible working or unpaid leave when considering requests for such leave.

6.18.2. It is recommended that staff make their request for time off as soon as the dates are known in order to facilitate the effective planning of leave arrangements. Line managers should keep in mind that some religious festivals are determined by the lunar calendar and, therefore, dates change from year to year. Managers will be expected to consider such requests in accordance with service needs and accommodate these where reasonable to do so.

6.19. Options for staff wishing to take additional annual leave There may be times when staff members wish to take more than their standard contractual entitlement to annual leave and staff who meet the qualifying criteria can apply:

. to purchase up to two weeks’ (of weekly contracted hours) additional annual leave . for unpaid leave for periods of between two weeks and three months . for an employment break for periods of over three months.

Further details can be obtained from the Trust’s Additional Annual Leave Purchase Scheme, Special Leave and Employment Break policies, copies of which are available from the document library.

6.20. Queries Any queries or concerns in relation to how this policy has been applied should, in the first instance, be discussed with the line manager and/or appropriate Employee Relations Advisor. 7. Dissemination and Implementation 7.1. A copy of the policy will be stored electronically in the HR section of the Trust‘s document library on the internet/intranet site.

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7.2. A clear communication will be sent to managers to make them aware that the policy has been issued and that they are responsible for cascading the information to their staff members, including staff members who do not have regular access to email.

7.3. A copy of the policy will be circulated to People Partners and the Employee Relations team to enable them to support implementation with their managers.

7.4. Staff-Side (JCNC) will be advised of the issue of the policy. 8. Monitoring compliance and effectiveness Element to be monitored Number of grievances raised regarding how the policy has been applied Lead Director of People and Organisational Development Tool ER Case Log Frequency Annually Reporting arrangements . The ER team will receive a report on the analysis of any grievances received in relation to the application of the annual leave policy. . This information will be reported to the JCNC annually. . The overall effectiveness of the policy will be considered and any remedial actions identified will be recorded in the relevant meeting notes or minutes. 9. Updating and Review The policy will be reviewed every three years or earlier in view of developments which may include legislative changes, national policy instruction (NHS or Department of Health), Trust Board decision or request from Staff-Side or management. 10. Equality and Diversity 10.1.The Royal Cornwall Hospitals NHS Trust is committed to a Policy of Equal Opportunities in employment. The aim of this policy is to ensure that no job applicant or employee receives less favourable treatment because of their race, colour, nationality, ethnic or national origin, or on the grounds of their age, gender, gender reassignment, marital status, domestic circumstances, disability, HIV status, sexual orientation, religion, belief, political affiliation or trade union membership, social or employment status or is disadvantaged by conditions or requirements which are not justified by the job to be done. This policy concerns all aspects of employment for existing staff and potential employees.

10.2.The Initial Equality Impact Assessment Screening Form is at Appendix 2.

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Appendix 1. Governance Information

Document Title Annual Leave Policy V3.1

This document replaces (exact title of Annual Leave Policy V3.0 previous version):

Date Issued/Approved: March 2021

Date Valid From: March 2021

Date Valid to: March 2023

Helen Strickland Directorate / Department responsible People Risk, Policy and Governance (author/owner): Manager Contact details: 01872 258594 The policy aims to provide a uniform and equitable approach to the management and Brief summary of contents calculation of annual leave and public holiday entitlement.

Suggested Keywords: Holiday, leave, time off RCHT CFT KCCG Target Audience  Executive Director responsible for Director of People and Organisational Policy: Development Approval route for consultation and ER, JCNC, PRG ratification:

General Manager confirming approval Head of People Experience processes

Signature of JCNC Chair {Original copy signed}

Signature of Executive Director giving {Original copy signed} approval Links to key external standards None required . Additional Annual Leave Purchase Scheme . Attendance Management Policy and Procedure Related Documents: . Counter-Fraud and Corruption Policy . Disciplinary Policy and Procedure . Electronic Management and Production of Staff Rosters Policy

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. Employment Break Policy . Equality, Inclusion and Human Rights Policy . Grievance and Disputes Policy and Procedure . Guide to being Pregnant at Work and Maternity Leave . NHS Terms and Conditions of Service . On Call Policy . Policy and Procedure in case of an Under or Overpayment of Salary Allowances and Benefits . Special Leave Policy . Fixed-Term Staff (Prevention of Less Favourable Treatment) Regulations 2002 . Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 . Working Time Regulations 1998 (as amended) . Armed Forces Covenant

Training Need Identified? No formal training required. Publication Location (refer to Policy on Policies – Approvals and Internet & Intranet  Intranet Only Ratification): Document Library Folder/Sub Folder Corporate: Human Resources

Version Control Table

Version Changes Made by Date Summary of Changes No (Name and Job Title) September 1.0 New Policy - General Principles Human Resources 2007 and Staff side

November 2.0 Reviewed and updated, reformatted to Human Resources 2012 comply with the Trust ‘Policy on Policies’ and Staff Side document and employment legislation. March 2.1 Appendix 5 amended to reflect entitlement for Helen Strickland, 2015 10 public holidays in annual leave year HR Business Partner 2015/2016 August 2.2 Minor updates to meet governance and Helen Strickland 2015 compliance requirements ref Trust logo, E&D HR Business Partner statement and EIA. February 2.3 Appendix 5 amended to reflect entitlement for Helen Strickland 2016 6 public holidays in annual leave year HR Business Partner 2016/2017

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April 2.4 . Section 6.3: further clarification of Helen Strickland 2017 provisions applicable to public holidays. HR Business Partner . Section 6.4: further clarification of provisions applicable to part-time workers. . Addition of Section 6.17 ref religious and cultural observance . Addition of Section 6.18 ref option to purchase additional leave, unpaid leave, career/employment break . Appendices 4 and 5 updated.

Feb 2.5 Minor amendment to Section 6.15 to clarify Helen Strickland 2018 arrangements for carrying forward statutory HR Business Partner leave. July 2018 2.6 Template updated. Helen Strickland 6.3.3 - removal of ‘normal’ HR Business Partner 6.15.1 - additional clarification re sick pay 10.0 Equality and Diversity – updated Appendix 2 - EIA format updated Appendix 3 - worked samples amended.

March 3.0 Policy reviewed to: Helen Strickland 2020 . reflect the Trust’s commitment to the HR Business Partner Veteran Covenant by recognising service with the UK Armed Forces for the purposes of annual leave entitlement . reference to ‘Employee On-line’ replaced by ‘Me Allocate’ . clarification of arrangements for staff working on public holidays (section 6.3) . amendment to arrangements to carry forward leave (section 6.14). March 3.1 Minor amendments to: Helen Strickland 2021 . paragraph 6.3.5 - clarification of annual People Risk, Policy leave situation when staff work or are and Governance on call on a public holiday Manager . paragraph 6.15.2 to clarify the situation when staff are sick on a public holiday. Addition to Section 6.14 in respect of special arrangements for carrying forward annual leave during the Covid-19 pandemic.

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All or part of this document can be released under the Freedom of Information Act 2000

This document is to be retained for 10 years from the date of expiry.

This document is only valid on the day of printing

Controlled Document This document has been created following the Royal Cornwall Hospitals NHS Trust Policy on Document Production. It should not be altered in any way without the express permission of the author or their Line Manager.

Annual Leave Policy V3.1 Page 20 of 37

Appendix 2. Initial Equality Impact Assessment Section 1: Equality Impact Assessment Form Name of the strategy / policy /proposal / service function to be assessed Annual Leave Policy V3.1 Directorate and service area: Is this a new or existing Policy? Human Resources Existing Name of individual/group completing EIA Contact details: Helen Strickland 01872 258594 1. Policy Aim The policy provides a uniform and equitable approach to the Who is the management and calculation of annual leave and public holidays strategy / policy / which take into account the national terms and conditions of service proposal / service requirements and arrangements. function aimed at? 2. Policy Objectives To ensure a consistent approach to the calculation and recording of annual leave entitlement for staff. 3. Policy Intended To encourage staff to take the annual leave to which they are Outcomes entitled and adherence to national terms and conditions and legislation. 4. How will Through monitoring the compliance and quality of the process as you measure described in the policy document. the outcome? 5. Who is intended Staff to benefit from the policy? 6a). Who did you Local External Workforce Patients Other consult with? groups organisations 

b). Please list any groups who have JCNC, PRG been consulted about this procedure. c). What was the No issues of concern identified. outcome of the consultation?

7. The Impact Please complete the following table. If you are unsure/don’t know if there is a negative impact you need to repeat the consultation step. Are there concerns that the policy could have a positive/negative impact on: Protected Yes No Unsure Rationale for Assessment / Existing Evidence Characteristic Age The policy will have no differential impact on the  grounds of age. Sex (male, female  The policy will have no differential impact on the non-binary, asexual etc.) grounds of sex.

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Gender  The policy will have no differential impact on the

reassignment grounds of gender assignment. Race/ethnic  The policy will have no differential impact on the communities /groups grounds of race.

Disability  (learning disability, physical disability, sensory impairment, The policy will have no differential impact on the

mental health grounds of disability. problems and some long term health conditions) Religion/  Managers are asked to give due consideration to other beliefs granting applications for leave from staff of different

faiths wishing to take leave for key religious occasions (see section 6.18 of the policy). Marriage and civil  The policy will have no differential impact on the

partnership grounds of marriage or civil partnership.

Pregnancy and  Individuals on maternity leave continue to accrue

maternity contractual annual leave. Sexual orientation  The policy will have no differential impact on the (bisexual, gay, grounds of sexual orientation. heterosexual, lesbian) If all characteristics are ticked ‘no’, and this is not a major working or service change, you can end the assessment here as long as you have a robust rationale in place. I am confident that section 2 of this EIA does not need completing as there are no highlighted risks of negative impact occurring because of this policy.

Name of person confirming result of initial Helen Strickland impact assessment: If you have ticked ‘yes’ to any characteristic above OR this is a major working or service change, you will need to complete section 2 of the EIA form available here: Section 2. Full Equality Analysis

For guidance please refer to the Equality Impact Assessments Policy (available from the document library) or contact the Human Rights, Equality and Inclusion Lead [email protected]

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Appendix 3. Examples of how to determine total leave entitlements

1. Example 1 - Full time member of staff.

A member of staff has six years’ NHS service and is contracted to work 37.5 hours per week. What is their annual leave entitlement in a year which has eight public holidays?

Full time 37.5 hours over five days

1. Verified NHS service is six years.

2. Using Annual Leave Chart (Appendix 4), six years’ service at contracted 37.5 hours per week equates to 217.5 hours annual leave per year.

3. Using the Public Holiday Entitlement Table (Appendix 5), working 37.5 hours per week equates to a public holiday entitlement of 60 hours in a full year.

4. Add together the annual leave and public holiday entitlements to give the total leave entitlement for the year,

i.e. 217.5 + 60 = 277.5 hours total annual leave entitlement. ______

2. Example 2 - Increase in service entitlement.

As from 10 August a staff member will have been working for the NHS for 10 years and will become entitled to more annual leave. They are contracted to work 37.5 hours per week and there are eight public holidays in the year. What is their total annual leave entitlement for the year?

In this situation, where an employee crosses the length of service threshold partway through the annual leave year, it is necessary to calculate the annual leave in two parts, i.e. prior to (five years +) and after reaching the long service threshold (10 years +) and add on the public holiday entitlement.

As the majority of days in August fall after the change in length of service (i.e. after the 10th August), the calculation for the month of August will be based on 10 years’ service (see Section 6.10).

Prior to reaching long service threshold (at five years + service)

1. Verified service is 5 years.

2. Using Annual Leave Chart (Appendix 4), five years’ service at 37.5 contracted hours per week equates to 217.5 hours annual leave per year.

Divide entitlement by 12 to determine monthly entitlement and multiply this figure by the number of full months worked (in this instance four months from 1 April to 31 July) i.e. 217.5/12 x 4 = 72.5 hours

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After reaching long service threshold (at 10 years + service)

3. Verified service is 10 years.

4. Using Annual Leave Chart (Appendix 4), 10 years’ service at 37.5 contracted hours per week equates to 247.5 hours annual leave per year.

Divide entitlement by 12 to determine monthly entitlement and multiply this figure by the number of full months worked (in this instance eight months from 1 August to 31 March) i.e. 247.5/12 x 8 = 165 hours

5. Establish the full leave year hourly entitlement of public holidays by using Appendix 5. Working 37.5 hours per week equates to a public holiday entitlement of 60 hours in a full year.

6. Add together the annual leave and public holiday entitlement to give the total leave entitlement for that period.

i.e. 72.5 +165 + 60 = 297.5 hours total annual leave entitlement. ______

3. Example 3 - Change in contractual hours.

A member of staff who has 10 years service is reducing their weekly contracted hours from 37.5 to 15 as of 10 July. There are eight public holidays in the year. What is the total annual entitlement?

In this situation, where a member of staff alters their weekly contracted hours partway though the annual leave year, it is necessary to calculate the annual leave and public holiday entitlement in two parts, i.e. before the change in hours at 37.5 hours per week and after at 15 hours per week (see Section 6.11).

Where a change in hours occurs part way through a month, the calculation for that month will be determined by whichever part of the month has most days.

As the proposed change in hours is due to take place on 10 July, most days worked in July will worked when the employee is working 15 hours per week. The calculation for the month of July will therefore be based be 15 hours per week.

37.5 Contracted Hours per Week

1. Verified service is 10 years.

2. Using Annual Leave Chart (Appendix 4), 10 years’ service at 37.5 contracted hours per week equates to 247.5 hours annual leave per year.

Divide entitlement by 12 to determine a monthly entitlement and multiply this figure by the number of full months worked (in this instance three months from 1 April to 30 June)

i.e. 247.5/12 x 3 = 61.875 hours

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3. Establish the number of public holidays before contractual change, i.e. four public holidays will fall between 1 April and 30 June.

Using the Public Holiday Entitlement Table (Appendix 5), when working 37.5 hours per week, there is a 7.5 hour entitlement per public holiday.

Multiply public holiday entitlement by number of public holidays in the period i.e. 7.5 x 4 = 30 hours

4. Add together the annual leave entitlement and public holiday entitlement to give the total leave entitlement for that period

i.e. 61.875 + 30 = 91.875 hours for the period 1 April to 30 June.

15 Contracted Hours per Week

1. Using Annual Leave Chart (Appendix 4), 10 years’ service at 15 contracted hours per week equates to 99 hours annual leave per year.

Nine full months will be worked during the remainder of the year, therefore divide the yearly entitlement by 12 to establish a monthly entitlement and multiply by nine months

i.e. 99/12 x 9 = 74.25 hours

2. Establish the number of public holidays after contractual change i.e. four public holidays will fall between 1 July and 31 March.

Using the Public Holiday Entitlement Table (Appendix 5), when working 15 hours per week, there is a three hour entitlement per public holiday.

Multiply public holiday entitlement by number of public holidays in the period i.e. 3 x 4 = 12 hours

3. Add together the annual leave and public holiday entitlements to give the total leave entitlement for that period i.e. 74.25 + 12 = 86.25 hours for the period 1 July to 31 March.

Total Leave Entitlement

The total yearly entitlement is the sum of the above calculations

i.e. 91.875 + 86.25 = 178 hours’ total annual leave entitlement. ______

4. Example 4 - Part Time, 15 hours over two days (7.5 hours per day).

A part time member of staff working 15 hours per week over two days. What is the total annual entitlement in a year that has eight public bank holidays?

1. Verified service is two years.

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2. Using Annual Leave Chart (Appendix 4), two years’ service at 15 contracted hours per week equates to 81 hours annual leave per year.

3. Using the Public Holiday Entitlement Table (Appendix 5), when working 15 hours per week, there is a 24 hour entitlement for a full year.

4. Add together the annual leave and public holiday entitlements to give the total leave entitlement for that period

i.e. 81 + 24 = 105 hours for total annual leave entitlement.

As the member of staff works their hours over two (7.5 hour) days, then they would use 7.5 hours of their total annual leave entitlement for each day’s leave (whether annual leave or public holiday). ______

5. Example 5 - Part Time, 36 hours over four days (9 hours per day).

A staff member with 10 years’ NHS service works 36 hours per week but on four nine hour days each week. What is the total annual leave entitlement in a year that has eight public holidays?

1. Verified service is 10 years.

2. Using Annual Leave Chart (Appendix 4), ten years’ service at 36 contracted hours per week equates to 237.5 hours annual leave per year.

3. Using the Public Holiday Entitlement Table (Appendix 5), when working 36 hours per week, there is a 58 hour entitlement for a full year.

4. Add together the annual leave entitlement and general public holiday entitlement to give the total leave entitlement for that period

i.e. 237.5 + 58 = 295 hours for total annual leave entitlement.

As the member of staff works their hours over four (9 hour) days then they would use nine hours of their total annual leave entitlement for each day’s leave (whether annual leave or public holiday). ______

6. Example 6 - Part time staff member commencing their employment part-way through the year, working 20 hours over five days

A staff member with no previous NHS service commences employment with the Trust on 1 Sept working 20 hours per week over five days. What is the total annual leave entitlement in the first year which has eight public holidays?

1. New employee with no previous service.

2. Using Annual Leave Chart (Appendix 4), 20 contracted hours per week equates to 108 hours annual leave per year. As the member of staff started their employment

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with the Trust on 1 September, they will be entitled to seven months’ worth (1 Sept to 31 March) of the leave (108/12 x7 = 63 hours)

3. Establish the full leave year hourly entitlement of public holidays by using the Public Holiday Entitlement Table (Appendix 5). When working 20 hours per week, there is a 32 hour entitlement for a full year.

4. The public holidays must be added to the annual leave entitlement. This total will vary depending on where the public holidays fall during the calendar year but for the purposes of this example there are four public holidays remaining in the leave year. Therefore four public holidays (32/8 x 4 = 16 hours).

Total leave entitlement for remainder of leave year = 63 +16 = 79 hours

As the member of staff works their hours over five days then they would use four hours of their total annual leave entitlement for each day’s leave (whether annual leave or public holiday).

______

7. Example 7 - Full time staff member who is leaving the Trust part way through the month.

A full time staff member with excess of 10 years’ service is leaving the Trust on 15 August in a year that has eight public holidays? What is their annual leave entitlement?

1. The staff member’s annual leave entitlement will be calculated on a pro-rata basis. This will be based on:

 number of completed months worked in the leave year from date of commencement until the end of the leave year (1 April to 31 July) and  plus any outstanding public holiday hours for public holidays (pro rata for part time staff) that have occurred in the year but have not been taken.

2. Using Annual Leave Chart (Appendix 4), 37.5 contracted hours per week for an individual who has in excess of 10 years’ service equates to 247.5 hours annual leave per year.

3. As the member of staff is leaving their employment with the Trust on 15 August, they will be entitled to four months’ worth (1 April to 31 July) of the leave (247.5/12 x4 = 82.5 hours).

4. Using the Public Holiday Entitlement Table (Appendix 5). The public holiday entitlement for an individual who works full time 37.5 hours per week, in a year that has eight public holidays is 60 hours for a full year.

The public holiday entitlement should be added to the annual leave entitlement to give you the total leave entitlement. When an individual leaves the Trust the number of hours to be added will vary and depend on when the public holidays fall during the calendar year.

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The eight public holidays are:  Good Friday  Easter Monday  May Day  Spring Bank holiday  August Bank holiday  Christmas Day  Boxing Day  New Year’s Day.

For the purposes of this example the first four public holidays have occurred and been taken by the individual during the leave year to 15 August. Therefore there are no outstanding public holiday hours to be added to the annual leave entitlement.

Total leave entitlement for the leave year = 82.5 hours

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Appendix 4. Annual leave chart (exclusive of public holidays)

WEEKLY CONTRACTED ON AFTER 5 YEARS AFTER 10 YEARS HOURS APPOINTMENT

1.0 5.5 6 6.5 1.5 8 8.5 10 2.0 11 11.5 13 2.5 13.5 14.5 16.5 3.0 16 17.5 20 3.5 19 20.5 23 4.0 21.5 23 26.5 4.5 24.5 26 29.5 5.0 27 29 33 5.5 29.5 32 36.5 6.0 32.5 35 39.5 6.5 35 37.5 43 7.0 38 40.5 46 7.5 40.5 43.5 49.5 8.0 43 46.5 53 8.5 46 49.5 56 9.0 48.5 52 59.5 9.5 51.5 55 62.5 10.0 54 58 66 10.5 56.5 61 69.5 11.0 59.5 64 72.5 11.5 62 66.5 76 12.0 65 69.5 79 12.5 67.5 72.5 82.5 13.0 70 75.5 86 13.5 73 78.5 89 14.0 75.5 81 92.5 14.5 78.5 84 95.5 15.0 81 87 99 15.5 83.5 90 102.5 16.0 86.5 93 105.5 16.5 89 95.5 109 17.0 92 98.5 112 17.5 94.5 101.5 115.5 18.0 97 104.5 119 18.5 100 107.5 122 19.0 102.5 110 125.5 19.5 105.5 113 128.5

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Appendix 4 (cont’d)

WEELY CONTRACTED ON AFTER 5 YEARS AFTER 10 YEARS HOURS APPOINTMENT

20.0 108 116 132 20.5 110.5 119 135.5 21.0 113.5 122 138.5 21.5 116 124.5 142 22.0 119 127.5 145 22.5 121.5 130.5 148.5 23.0 124 133.5 152 23.5 127 136.5 155 24.0 129.5 139 158.5 24.5 132.5 142 161.5 25.0 135 145 165 25.5 137.5 148 168.5 26.0 140.5 151 171.5 26.5 143 153.5 175.5 27.0 146 156.5 178 27.5 148.5 159.5 181.5 28.0 151 162.5 185 28.5 154 166.5 188 29.0 156.5 168 191.5 29.5 159.5 171 194.5 30.0 162 174 198 30.5 164.5 177 201.5 31.0 167.5 180 204.5 31.5 170 182.5 208 32.0 173 185.5 211 32.5 175.5 188.5 214.5 33.0 178 191.5 218 33.5 181 194.5 221 34.0 183.5 197 224.5 34.5 186.5 200 227.5 35.0 189 203 231 35.5 191.5 206 234.5 36.0 194.5 209 237.5 36.5 197 211.5 241 37.0 200 214.5 244 37.5 202.5 217.5 247.5

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Appendix 5. Public holiday entitlement

FULL-YEAR HOURLY ENTITLEMENT HOURLY WEEKLY ENTITLEMENT SIX SEVEN EIGHT NINE TEN BASIC ON EACH PUBLIC PUBLIC PUBLIC PUBLIC PUBLIC CONTRACTED PUBLIC HOLIDAYS HOLIDAYS HOLIDAYS HOLIDAYS HOLIDAYS HOURS HOLIDAY 1.0 0.2 1.5 1.5 2 2 2 1.5 0.3 2 2.5 2.5 3 3 2.0 0.4 2.5 3 3.5 4 4 2.5 0.5 3 3.5 4 4.5 5 3.0 0.6 4 4.5 5 5.5 6 3.5 0.7 4.5 5 6 6.5 7 4.0 0.8 5 6 6.5 7.5 8 4.5 0.9 5.5 6.5 7.5 8.5 9 5.0 1.0 6 7 8 9 10 5.5 1.1 7 8 9 10 11 6.0 1.2 7.5 8.5 10 11 12 6.5 1.3 8 9 10.5 12 13 7.0 1.4 8.5 10 11.5 13 14 7.5 1.5 9 10.5 12 13.5 15 8.0 1.6 10 11.5 13 14.5 16 8.5 1.7 10.5 12 14 15.5 17 9.0 1.8 11 13 14.5 16.5 18 9.5 1.9 11.5 13.5 15.5 17.5 19 10.0 2.0 12 14 16 18 20 10.5 2.1 13 15 17 19 21 11.0 2.2 13.5 15.5 18 20 22 11.5 2.3 14 16.5 18.5 21 23 12.0 2.4 14.5 17 19.5 22 24 12.5 2.5 15 17.5 20 22.5 25 13.0 2.6 16 18.5 21 23.5 26 13.5 2.7 16.5 19 22 24.5 27 14.0 2.8 17 20 22.5 25.5 28 14.5 2.9 17.5 20.5 23.5 26.5 29 15.0 3.0 18 21 24 27 30 15.5 3.1 19 22 25 28 31 16.0 3.2 19.5 22.5 26 29 32 16.5 3.3 20 23 26.5 30 33 17.0 3.4 20.5 24 27.5 31 34 17.5 3.5 21 24.5 28 31.5 35 18.0 3.6 22 25.5 29 32.5 36 18.5 3.7 22.5 26 30 33.5 37 19.0 3.8 23 27 30.5 34.5 38 19.5 3.9 23.5 27.5 31.5 35.5 39 20.0 4.0 24 28 32 36 40

Please note these tables are to be used to calculate the accrual of public holiday hourly entitlement only. When leave is taken on a public holiday the contracted hours normally worked on the day should be deducted from the total leave entitlement. (This will ensure that part-time staff and staff whose working patterns are other than a standard five days of equal length each week receive the correct pro-rata entitlement).

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Appendix 5. (cont’d)

FULL-YEAR HOURLY ENTITLEMENT HOURLY WEEKLY ENTITLEMENT SIX SEVEN EIGHT NINE TEN BASIC ON EACH PUBLIC PUBLIC PUBLIC PUBLIC PUBLIC CONTRACTED PUBLIC HOLIDAYS HOLIDAYS HOLIDAYS HOLIDAYS HOLIDAYS HOURS HOLIDAY 20.5 4.1 25 29 33 37 41 21.0 4.2 25.5 29.5 34 38 42 21.5 4.3 26 30.5 34.5 39 43 22.0 4.4 26.5 31 35.5 40 44 22.5 4.5 27 31.5 36 40.5 45 23.0 4.6 28 32.5 37 41.5 46 23.5 4.7 28.5 33 38 42.5 47 24.0 4.8 29 34 38.5 43.5 48 24.5 4.9 29.5 34.5 39.5 44.5 49 25.0 5.0 30 35 40 45 50 25.5 5.1 31 36 41 46 51 26.0 5.2 31.5 36.5 42 47 52 26.5 5.3 32 37.5 42.5 48 53 27.0 5.4 32.5 38 43.5 49 54 27.5 5.5 33 38.5 44 49.5 55 28.0 5.6 34 39.5 45 50.5 56 28.5 5.7 34.5 40 46 51.5 57 29.0 5.8 35 41 46.5 52.5 58 29.5 5.9 35.5 41.5 47.5 53.5 59 30.0 6.0 36 42 48 54 60 30.5 6.1 37 43 49 55 61 31.0 6.2 37.5 43.5 50 56 62 31.5 6.3 38 44 50.5 57 63 32.0 6.4 38.5 45 51.5 58 64 32.5 6.5 39 45.5 52 58.5 65 33.0 6.6 40 46.5 53 59.5 66 33.5 6.7 40.5 47 54 60.5 67 34.0 6.8 41 48 54.5 61.5 68 34.5 6.9 41.5 48.5 55.5 62.5 69 35.0 7.0 42 49 56 63 70 35.5 7.1 43 50 57 64 71 36.0 7.2 43.5 50.5 58 65 72 36.5 7.3 44 51.5 58.5 66 73 37.0 7.4 44.5 52 59.5 67 74 37.5 7.5 45 52.5 60 67.5 75

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Appendix 6. Recognised NHS Employers

ENGLAND

NHS Trusts including Foundation Trusts Special health authorities NHS England Clinical commissioning groups The Health and Social Care Information Centre National Institute for Health and Care Excellence Health Education England

NORTHERN IRELAND

HSC Health Board HSC Trusts Public Health Agency Business Services Organisation Patient and Client Council HSC Special Agencies

SCOTLAND

Health Boards Special Health Boards

WALES

NHS Trusts Local Health Boards

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Appendix 7. Previous service with non-NHS employers

Previous service with non-NHS employers may be counted for annual leave entitlement purposes where that service was in a role that is highly relevant to the new role to be undertaken during employment with Royal Cornwall Hospitals NHS Trust (RCHT).

 Local authorities including Education and Social Services.

 Primary care in a role to be continued by employment with RCHT.

 Voluntary Service Overseas in a Health or Social Care role to be continued by employment with RCHT.

 The Voluntary/Independent Sector for services aligned to those provided by RCHT.

It should be noted that this agreement to recognise previous non-NHS employment for annual leave purposes applies to Royal Cornwall Hospitals NHS Trust and other NHS employers may not recognise this service for future employment.

Please note that, with effect from 1st April 2019, and in line with its commitment to the Veteran Covenant, the Trust will recognise previous service with HM Armed Forces for the purposes of annual leave entitlement (see Section 6.6).

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Appendix 8. Application form to request annual leave whilst on sick leave

APPLICATION FORM TO REQUEST ANNUAL LEAVE WHILST ON SICK LEAVE

Staff continue to accrue statutory leave entitlement (5.6 weeks pro rata to contracted hours) whilst on sick leave and are entitled to apply for statutory annual leave during periods of long term (defined as a minimum continuous period of 4 weeks) sickness absence. In order to apply for leave you must complete Part 1 of this form and ensure your manager receives it at least 4 calendar weeks before the first day of leave requested.

Note for manager

Once completed, please send the original copy to Payroll and retain a copy on the individual’s personal file.

Part 1 Application by Employee

Name:

Job Title:

Division/Department:

Pay Number:

Annual leave period requested: From: To:

Signature:

Date:

Part 2 – Authorisation by Manager

I authorise the above application and recalculation of payments made as appropriate

Signature:

Print Name:

Date received by Manager: Date authorised by Manager:

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Part 3 – Recalculation by Payroll Services

Annual leave granted From: To:

Sick record shows: From: To:

Full Pay

½ Pay

SSP

Nil Pay

Annual Leave payment due – Contract £

Plus WTR average (as appropriate) £

Total Due £

Already Paid Half pay £

Nil pay £

SSP £

Total paid £

Additional pay due (if appropriate) £

Sickness entitlement adjustment-Full/Half/Nil No. of Days:

Pens Hours PO Initial Date: Pay period:

SPO Date:

Notes for Payroll staff

 If an employee is on paid sick leave during annual leave period - pay as non-pensionable  If an employee is on nil sick leave during annual leave period - pay as pensionable  If employee is part time - pensionable. On nil pay - record pensionable hours.

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Appendix 9. AFC Annex 25 – Arrangements for public holidays over the Christmas and New Year holiday periods

When 25 December falls on a Friday Friday 25 December The provisions for work on a Except that any employee public holiday apply working 25, 26 and 28 Saturday 26 December The provisions for work on a December will be entitled to public holiday apply two public holidays. Any Sunday 27 December The provisions for work on a employee working on all four of Sunday apply these days will be entitled to a Monday 28 December The provisions for work on a maximum of two public public holiday apply holidays and one ‘Sunday’ Friday 1 January The provisions for work on a public holiday apply

When 25 December falls on a Saturday Saturday 25 December The provisions for work on a Except that any employee public holiday apply working on 25, 27 and 28 Sunday 26 December The provisions for work on a December will be entitled to a public holiday apply maximum of two public Monday 27 December The provisions for work on a holidays. Any employee public holiday apply working 25, 26 and 27 Tuesday 28 December The provisions for work on a December or on 26, 27 and 28 public holiday apply or on all four of these days will be entitled to a maximum of two public holidays and one ‘Sunday’ Saturday 1January The provisions for work on a Except that an employee public holiday apply working on 1 and 3 January Sunday 2 January The provisions for work on a will be entitled to a maximum Sunday apply of one public holiday. Any Monday 3 January The provisions for work on a employee working on all three public holiday apply of these days will be entitled to one public holiday and one ‘Sunday’.

When 25 December falls on a Sunday Saturday 24 December The normal provisions for work on a Saturday apply. Sunday 25 December The provisions for work on a An employee working all three public holiday apply of these days will be entitled to Monday 26 December The provisions for work on a a maximum of two public public holiday apply holidays and one ‘Sunday’. Tuesday 27 December The provisions for work on a public holiday apply Sunday 1 January The provisions for work on a Except that any employee public holiday apply working on both of these days Monday 2 January The provisions for work on a will be entitled to a maximum public holiday apply of one public holiday and one ‘Sunday’

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