Annual Leave Policy

Peninsula Community HealthANNUAL LEAVE POLICYTitle:Annual Leave PolicyProcedural Document Type:PolicyReference:HRP16CQC Outcome: 13Version: 1.1Approved by: JPC (31.07.12)Ratified by:CQSCDate ratified: 16.10.12Name of originator/author:Christopher BurnhamName of responsible team:Human ResourcesReview Frequency:3 YearsReview Date: July 2015Target Audience:Line Managers and All StaffExecutive Signature (Hard Copy Only):Registered in England and Wales No: 7564579Registered office: Peninsula Community Health CIC,Sedgemoor Centre, Priory Road, St Austell PL25 5ASwww.peninsulacommunityhealth.co.ukQuality care, closer to youPeninsula Community Health is a not for profitCommunity Interest Company responsible forproviding NHS adult community healthservicesin Cornwall and the Isles of Scilly

Contents1 Introduction 22 Definitions 23 Duties 23.1 The Organisation 24 Annual Leave Policy 24.1 Basic Annual Leave Entitlements 24.2 Annual Leave Entitlement 24.3 Staff on Protected Contract Hours 34.4 Bank/Public Holidays 34.5 Calculation of Reckonable Service 44.6 Entitlement on Joining 44.7 Entitlement on Leaving 44.8 Change of Entitlement during Leave Year 44.9 Entitlement on Changing Hours 44.10 Carry Over Leave 54.11 Sickness Occurring during Annual Leave or Bank Holidays 54.12 Term Time Only Contracts 54.13 Annual Leave Requests 55 Risk Management Strategy Implementation 65.1 Implementation 65.2 Training and Support 65.3 Dissemination 65.4 Storing the Procedural Document 65.5 Equality Impact Assessment 66 Process for Monitoring Effective Implementation 67 Associated Documentation 68 References 7APPENDICESA Equality Impact Assessment 8

1. IntroductionIt is the aim of this policy to provide a uniform and equitable approach to the calculation ofannual leave and bank holiday entitlements, which take into account the entitlements andarrangements defined under Agenda for Change.2. Definitions2.1 Eligibility: This policy applies to all employees (except for Doctors, Dentists andContingent Workforce who have separate provisions) employed by Peninsula CommunityHealth (PCH).2.2 Annual Leave Year: The annual leave year runs from 1 st April to 31 st March the followingyear.3. Duties3.1 The OrganisationPCH will ensure:the provisions of this policy and procedure are conducted fairly and reasonably;all employees are informed about and have access to the contents of this policy andprocedure.4. Annual Leave Policy4.1 Basic Annual Leave EntitlementsThe basic annual leave provisions for full-time staff are detailed in the table below.Length of Service Annual Leave Public HolidaysOn Appointment 27 days 8 daysAfter 5 years’ service 29 days 8 daysAfter 10 years’ service 33 days 8 days4.2 Annual Leave Entitlement4.2.1 It is the responsibility of the employee and the Line Manager to work out their annual leaveentitlement prior to the start of the new leave year. This should be noted on the annualleave record and the e-rostering system.4.2.2 Individual leave entitlement is calculated by totalling the annual leave entitlement and theBank/Public Holiday leave entitlement together. An Annual Leave Calculator is available onthe Document Library.4.2.3 All annual leave and Bank/Public Holiday entitlement will be calculated and taken in hoursto allow for different working patterns and shift patterns of unequal length. The entitlementsfor part-time employees will be calculated pro-rata to full-time, in hours, based on theirnumber of contract hours they work in a week.2

4.10 Carry Over of Leave4.10.1 PCH expects that within the leave year, staff will take all their annual leave. In veryexceptional circumstances, up to one week of basic contracted hours may be carried over tothe following leave year. This must be applied for in writing and have the agreement of theLine Manager. Where this is the case, reasons for the carry over and agreement from theLine Manager will be recorded on the personal file.4.10.2 Where, in exceptional circumstances, staff have been prevented from taking all their leavedue to service demands and the amount of leave due exceeds the equivalent of one weekof basic contracted hours, then one week of basic contracted hours may be carried over tothe following leave year and the balance outstanding will be paid in the April payroll. TheLine Manager concerned will be required to provide a brief written report to the PayrollDepartment explaining the circumstances that led to the requirement to pay outstandingannual leave.4.11 Sickness Occurring during Annual Leave or Bank Holidays4.11.1 If an employee falls sick while on annual leave then, in accordance with the SicknessAbsence Management Guidelines, the period covered will be treated as sick leave, allowingthe employee to take the annual leave at another time, provided that the reporting andcertification requirements have been met. Employees must report sickness during annualleave in the normal way by ringing in on day one of the sickness, where this is reasonablypracticable.4.11.2 Employees will not be entitled to an additional day off, if they have reported in sick on aBank/Public Holiday that they would otherwise have been required to work, as part of theirbasic week and will have the Bank Holiday leave deducted from their total leave entitlement.4.11.3 During a period of sickness occurring during annual leave, employees will receive apayment of an average salary, which will include average allowances. This will either bebased on what they would have worked had they been on duty or a 12-week referenceperiod will be taken to calculate average pay. (Please see Management Guidance Note 38,Payment of Average Enhancements, for more information.)4.12 Term-Time Only Contracts4.12.1 The calculation of weekly hours and salaries for staff on Term-Time Only contracts willinclude a proportional annual leave entitlement based on contract hours and weeks workedand length of service. It is calculated using the Management Guidance Notes for EmployingStaff on Term Time Only Contracts. (Please see separate Management Guidance Note23.)4.13 Annual Leave Requests4.13.1 Requests for annual leave should be made to the Line Manager at least six weeks inadvance. Authorisation for annual leave is given at the Line Manager’s discretion and willbe based on business requirements at that time.4.13.2 Any requests for periods of annual leave over two weeks should be made in writing to theLine Manager. Authorisation for these requests will be given at the Line Manager’sdiscretion.5

5. Risk Management Strategy Implementation5.1 ImplementationAll staff to be made aware of the new policy via Peninsula Community Health’scommunication bulletins and HR team localities to promote policy and process through teammeetings.5.2 Training and SupportTraining for all managers and supervisors on how to apply the policy consistently and fairly,delivered by the HR Team in conjunction with the Training Department5.3 DisseminationOnce ratified, this policy will be loaded to the intranet (read only) and replace the currentAnnual Leave Policy HRP16.Staff will be made aware of its existence through the weekly email bulletin.Confirmation of receipt is not required for this procedural document.5.4 Storing the Procedural DocumentThe signed procedural document will be stored (hard copy) centrally, as will the digital (softcopy) version.5.5 Equality Impact AssessmentPeninsula Community Health aims to design and implement services, policies andmeasures that meet the diverse needs of our service, population and workforce, ensuringthat none are placed at a disadvantage over others.As part of its development, this strategy and its impact on equality have been assessed.The assessment is to minimise and if possible remove any disproportionate impact onemployees on the grounds of race sex, disability, age, sexual orientation or religious belief.No detriment was identified.6. Process for Monitoring Effective ImplementationThe effective implementation of this policy will be monitored by the Workforce Directorate inconjunction with the Joint Partnership Committee (JPC). Any changes in employmentlegislation which impact on the policy will be updated by the HR Team and the JPC will beinformed. The Annual Leave Policy will be reviewed every 3 years from the date ofratification.7. Associated DocumentationThis document references the following supporting documents which should be referred toin conjunction with the document being developed:MGN23 Term Time Only Management Guidance NoteMGN38 Payment of Average EnhancementsMGN31 Long Term Sickness Absence Management Guidance NoteMGN32 Short Term Sickness Absence Management Guidance Note6

8. ReferencesEquality Act 2010. Available at http://www.homeoffice.gov.uk/equalities/equality-act/Charter of Fundamental Rights of the European Union.7

APPENDIX AEquality Impact Assessment Proforma Initial ScreeningSection HR Officer responsible for the assessment Karen Theisinger, HR AdvisorName of Policy to beassessedAnnual Leave PolicyDate ofAssessment20/6/12 Is this a new or existingpolicy?Existing1. Briefly describe the aims, objectives andpurpose of the policy.The purpose of this policy is to provide a uniform and equitable approach to the calculationand authorisation of annual leave and bank holiday entitlements.2. Are there any associated objectives of the To contribute to the most efficient and effective use of resources in the organisation.policy? Please explain.3. Who is intended to benefit from this policy, and The policy provides clarity for Line Managers and in respect of annual leave entitlement.in what way?4. What outcomes are wanted from this policy? For all employees to have a clear understanding of their annual leave entitlement.5. What factors/forces could contribute/detractfrom the outcomes?Communication issues; the degree of awareness by employees and line managers of theappropriate obligations.Staff not complying with the required notice period when requesting annual leave.Staff not taking their full annual leave entitlement over the annual leave year.6. Who are the mainstakeholders in relation to thepolicy?Managers, employees and Trade Unionrepresentatives7. Who implements the policy, andwho is responsible for the policy?Employees and linemanagers in association withthe HR Team8. Are there concerns that the policy could have adifferential impact on RACIAL groups?What existing evidence (either presumed orotherwise) do you have for this?NPlease explainAn objective of this policy is to ensure that the organisation adopts a clear and consistentapproach to the entitlement and approval of annual leave, including individuals covered byprotected characteristics as defined in the Equality Act 2010. The organisation respectsemployees from all ethnic and racial backgrounds as evidenced in its Equality, Diversity andHuman Rights Policy.8

9. Are there concerns that the policy could have adifferential impact due to GENDER (includingTRANSGENDER)?NWhat existing evidence (either presumed orotherwise) do you have for this?10. Are there concerns that the policy could have adifferential impact due to DISABILITY?An objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. Theorganisation has a commitment to ensure that no person is discriminated against on the groundsof their gender or transgender status.NWhat existing evidence (either presumed orotherwise) do you have for this?11. Are there concerns that the policy could have adifferential impact due to SEXUALORIENTATION?What existing evidence (either presumed orotherwise) do you have for this?12. Are there concerns that the policy could have adifferential impact due to their AGE?An objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. Theorganisation has a commitment to ensure that no person is discriminated against on the groundsof their disability.NAn objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. Theorganisation has a commitment to ensure that no person is discriminated against on the groundsof their sexual orientation.NWhat existing evidence (either presumed orotherwise) do you have for this?An objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. Theorganisation has a commitment to ensure that no person is discriminated against on the groundsof their age.9

13. Are there concerns that the policy could have adifferential impact due to their RELIGIOUSBELIEF?NWhat existing evidence (either presumed orotherwise) do you have for this?14 Are there concerns that the policy could have adifferential impact due to their MARRIAGE ORCIVIL PARTNERSHIP STATUS? (This MUST beconsidered for employment policies).What existing evidence (either presumed orotherwise) do you have for this?15 Are there concerns that the policy could have adifferential impact due to GENDERREASSIGNMENT OR TRANSGENDER ISSUES?An objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. Theorganisation has a commitment to ensure that no person is discriminated against on the groundsof their religious belief.NAn objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. Theorganisation has a commitment to ensure that no person is discriminated against on the groundsof their marriage or civil partnership status.NWhat existing evidence (either presumed orotherwise) do you have for this?16 Are there concerns that the policy could have adifferential impact due to PREGNANCY ORMATERNITY?An objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. TheOrganisation has a commitment to ensure that no person is discriminated against on thegrounds of their reassignment or transgender status.NWhat existing evidence (either presumed orotherwise) do you have for this?An objective of this policy is to ensure that all employees who apply for annual leave are treatedconsistently and fairly regardless of the characteristics of the staff member concerned. TheOrganisation has a commitment to ensure that no person is discriminated against on thegrounds of their pregnancy or maternity status.10

17 How have the Core Human Rights Values of:Fairness;Respect;Equality;Dignity;AutonomyBeen considered in the formulation of thispolicy/strategyIf they haven’t please reconsider the documentand amend to incorporate these values.18. Which of the Human Rights Articles does thisdocument impact?What existing evidence (either presumed orotherwise) do you have for this?The Core Human Rights Values underpin this policy, which has been formulated with theseunderlying principles in mind and in line with the Organisation’s commitment to equality, diversityand human rights as set out in its Equality and Diversity Policy and the Equality, Diversityand Human Rights Scheme 2009-2012.All staff members applying for annual leave will have their individual needs taken into accountand will be treated with dignity and respect.The right:Yes No To life;X Not to be tortured or treated in an inhuman or degrading way;X To be free from slavery or forced labour;X To liberty and security;X To a fair trial;X To no punishment without law;X To respect for home and family life, home and correspondence;X To freedom of thought, conscience and religion;X To freedom of expression;X To freedom of assembly and association;X To marry and found a family;X Not to be discriminated against in relation to the enjoyment of any ofXthe rights contained in the European Convention;XX To peaceful enjoyment of possessions and education;X To free electionsXThe policy is underpinned by a commitment to protect the rights of individuals in respect of theirentitlement and application for annual leave.How will you ensure that those responsible forimplementing the Policy are aware of the HumanRights implications and equipped to deal withthem?Through management updates via the staff intranet and guidance/best practice informationfrom HR11

19. Could the differential impactidentified in 8 – 13 amount tothere being the potential foradverse impact in this policy? NPlease explain20. Can this adverse impact bejustified on the grounds ofpromoting equality of opportunityfor one group? Or any otherreason?NPlease explain for each equality heading (questions 8 –13) on a separate piece of paper.18. Should the policy proceed toa full equality impactassessment? N17. If Yes, describe why, then proceed to a full EIA.18. If No, are there any minor further amendments that should take place?19. If a need for minor amendments is identified, what date were these completed and whatactions were undertaken.Signed (completing officer) …Karen Theisinger………………….. Date 20.06.12Signed (Head of Section) ……………………………………………………….. DatePlease ensure that a signed copy of this form is sent to both the Policies Officer and the Equality and Diversity lead to be placed on the PCH website.12