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1 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018 SH HR 47 Annual Leave Policy and Procedure Version: 4 Summary: To provide a standard and equitable approach to the management and calculation of annual leave and Public holiday entitlements for staff. Keywords (minimum of 5): (To assist policy search engine) Holiday, Annual Leave, Entitlement, Working Time, Sickness During Annual Leave, Purchase Additional Annual Leave, Accrual of Annual Leave During Maternity Leave Target Audience: All staff employed by Southern Health NHS Foundation Trust. Next Review Date: March 2022 Approved and Ratified by: Staff side Policy Scrutiny Group Joint Consultative and Negotiating Committee Date of meeting: 09 March 2018 20 March 2022 Date issued: April 2018 Author: Louise Jones, Senior HR Manager Anneliese Reynolds, HR Advisor Sponsor: Director of Workforce, Organisational Development and Communications

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1 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

SH HR 47

Annual Leave Policy and Procedure

Version: 4

Summary:

To provide a standard and equitable approach to the management and calculation of annual leave and Public holiday entitlements for staff.

Keywords (minimum of 5): (To assist policy search engine)

Holiday, Annual Leave, Entitlement, Working Time, Sickness During Annual Leave, Purchase Additional Annual Leave, Accrual of Annual Leave During Maternity Leave

Target Audience:

All staff employed by Southern Health NHS Foundation Trust.

Next Review Date: March 2022

Approved and Ratified by:

Staff side Policy Scrutiny Group Joint Consultative and Negotiating Committee

Date of meeting: 09 March 2018 20 March 2022

Date issued:

April 2018

Author:

Louise Jones, Senior HR Manager Anneliese Reynolds, HR Advisor

Sponsor:

Director of Workforce, Organisational Development and Communications

2 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

Version Control

Change Record

Date Author Version Page Reason for Change

Dec 2014

HR Best Practice Team

2 9 5.5.3 - updated timeline for requesting leave to 12 weeks in advance, to enable staffing levels and rosters to be finalised at 8 weeks.

June 2016

Anneliese Reynolds

3 throughout 6 (&14) 11, 12

Updating naming conventions for job Titles and teams. 5.1.2 (&9) – updating web address 5.2.1 – updating reference for TTO contracts, TTO staff are PT and should be treated in line with other PT staff. 5.11 – clarification that Public holidays do not accrue during

sick leave. 5.11.12 – using sick leave as part of phased return to be ‘expected’ rather than ‘encouraged’ in line with sickness absence policy.. 5.11.7 & 5.11.8 – adding clarity for the taking of annual leave whilst off sick. 5.12.3 – remove reference to the Diversity Calendar

Dec – Mar 2017

Anneliese Reynolds/ Louise Jones

4 7,8,9, 10 Removal of specific reference to TQTwentyone annual leave entitlements. 5.1.3 & 5.1.4 Change from AL accrual in full months only to take account of part months for starters and leavers. 5.1.7 & 5.1.9 – Removal of reference to annual leave entitlement excluding public holidays for consistency across the Trust. 5.4.2 – Clarification on the calculation of annual leave when contracted hours change part-way through the month

Reviewers/Contributors

Name Position Version Reviewed & Date

Human Resources Team, Staff Side, Joint Consultative and Negotiating Committee and E-Rostering team.

Version 1, July 2012 and March 2013

HR Best Practice Team Staff side Policy Scrutiny Group

Version 2, December 2014

Staff side Policy Scrutiny Group Version 3, June 2016

Staff side Policy Scrutiny Group Version 4, March 2018

Amanda Smith Head of Workforce Delivery Version 4, March 2018

Tom Weeks SafeCare Project Manager Version 4, March 2018

3 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

Quick Reference Guide For quick reference, this page summarises policy content. This does not negate the need to be aware of and to follow the further detail provided in this policy.

The annual leave period shall be from 1 April to 31 March each year.

Annual leave is accrued in whole months plus the actual number of days worked in the first/final month for starters/leavers, the annual leave calculator can be used to work out entitlement for part years.

Taking annual leave throughout the year is recognised as an important way to enable staff to achieve a work-life balance.

Managers are responsible for ensuring that individuals are aware of the procedures for requesting annual leave within their own department and to ensure that staff are aware of their own entitlements.

Managers are responsible to ensure that annual leave is planned and subject to the needs of the service. Managers should ensure that all staff spread their leave over the year to avoid excessive levels of leave at the same time or towards the end of the leave year in March or leave being carried over into the new leave year.

It is the individual’s responsibility to ensure that their annual leave is planned and taken at regular intervals throughout the year. Where available, staff can view this on Employee Online.

The Trust offers a benefit to staff of the option to purchase up to 10 days (pro rata) of additional annual leave

Requests for annual leave should be made electronically via the staff ‘Employee Online’ system. Those teams not yet live on E-rostering/ Healthroster will need to continue with their paper process.

All staff will receive basic pay during their annual leave. Monthly paid staff that receive regular enhancements will receive additional pay during the months that enhancements are paid which covers their entitlement to enhancements during annual leave periods (this will show on the pay slip as WTD Pay). Enhancements will therefore not be paid whilst the member of staff is actually on leave and should not be claimed.

It is expected that within the annual leave year, staff should be provided with the opportunity to take all their annual leave and should be pro-active in taking this leave.

In line with the Trust’s Managing Sickness Absence Policy staff will continue to accrue their contractual annual leave during sickness. Public holidays do not accrue during sick leave.

4 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

Contents

Page

1. Introduction 5 2. Scope 5 3. Definition 5 4. Roles and Responsibilities 5 5. Policy 6 6. Monitoring Compliance 13 7. Policy Review 13 8. Associated Documents 13 9. Supporting References 14

A1. Application to Purchase Additional Annual Leave 15 A2. Annual Leave Algorithm: Calculating the Number of Staff

who may take Annual Leave at any one time 17

A3. Equality Impact Analysis Screening Tool 18

5 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

Annual Leave Policy and Procedure

1. Introduction

1.1. Southern Health NHS Foundation Trust (the ‘Trust’) is committed to developing and maintaining working arrangements that enable staff to achieve a work-life balance. The Trust recognises the importance of annual leave in helping staff to achieve this.

1.2. The aim of this policy is to provide a standard and equitable approach to the management and calculation of annual leave and Public holiday entitlements for staff. The broad principles of this policy apply to all staff with the exception of the leave entitlements for staff on local terms and conditions or medical staff will need to refer to the relevant handbooks or the Trust’s website for leave entitlements.

1.3. The policy is in accordance with the Working Time Regulations (1998: Amended 2003 & 2007) the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (2000), Agenda for Change Terms and Conditions Agreement (November 2004) and Special Leave Policy.

2. Scope

2.1. This policy and its associated procedures will apply to all staff directly employed by the Trust other when specific conditions may apply e.g. to Medical and Dental staff or staff on local terms and conditions. This also includes trainees, secondees and staff on honorary contracts or on joint contracts with the Trust and another employer.

3. Definition

3.1. Annual leave is an amount of leave that an employer grants staff on an annual basis. There is a difference between Annual Leave and other types of leave such as Sick Leave, Special Leave, and Maternity Leave etc. For further information on these please refer to the relevant policies.

3.2. As stated in the Working Time Regulations, staff have a statutory entitlement to 210 hours (for full time staff and pro-rata for part-time staff) leave per annum. The entitlement to Public holidays is included in this statutory entitlement.

4. Roles and Responsibilities

4.1. Trust

4.1.1. The Trust has overall responsibility to have processes in place to ensure that staff are aware of this policy and adhere to its requirements.

4.2. Managers

4.2.1. Managers are responsible for ensuring that individuals are aware of the procedures for requesting annual leave within their own department and to ensure that staff are aware of their own entitlements.

6 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

4.2.2. Managers are responsible to ensure that annual leave is planned and subject to the needs of the service. Managers should ensure that all staff spread their leave over the year to avoid excessive levels of leave at the same time or towards the end of the leave year in March or leave being carried over into the new leave year.

4.2.3. Where available, managers must ensure that annual leave entitlements are recorded in E-rostering/Healthroster in hours. This enables clear, visual and accurate records for all individuals in their department and facilitates the monitoring of requests and uptake to ensure that individuals are taking regular breaks away from work.

4.3. Staff

4.3.1. Staff must be aware of this policy and to request annual leave in line with Trust and departmental guidelines.

4.3.2. It the individual’s responsibility to ensure that their annual leave is planned and taken at regular intervals throughout the year. Where available, staff can view this on Employee Online.

4.3.3. Staff must submit their request promptly in line with this procedure.

4.3.4. Staff must notify their Line Manager when their length of service increases which requires an adjustment in their annual leave.

4.4. Human Resources

4.4.1. The Director of People and Communications has delegated responsibility from the Board to ensure this Policy and procedure is properly implemented and monitored.

4.4.2. The Human Resources Team has a responsibility to ensure that the policy is followed, fairly and consistently. Their duties will include:

ensuring that the policy and procedure are maintained and updated accordingly in line with any organisational changes or legislative changes; and

providing advice and support in the application of this policy in individual cases.

4.5. Trade Unions

4.5.1. Trade Union representatives have an important role to play generally in providing advice, support and, if required, representation to their members and working in partnership with managers and the Human Resources Team in looking to ensure that the Trust’s Annual Leave Policy and Procedure is applied reasonably and fairly.

5. Policy

5.1. Annual Leave Entitlement

5.1.1. The annual leave period shall be from 1 April to 31 March each year.

5.1.2. All new staff will be entitled to annual leave plus Public holidays in the year of joining the Trust, on a pro-rata basis. An Annual Leave Calculator is available on the Trust Website:

www.southernhealth.nhs.uk/workday/leave/

7 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

5.1.3. Annual leave is accrued in whole months plus the actual number of days worked in the first/final month for starters/leavers, the annual leave calculator can be used to work out entitlement for part years.

5.1.4. On returning to NHS employment, a previous period or periods of NHS service will be

counted towards staff’s entitlement to annual leave. Staff will be required to provide some evidence of any previous periods of NHS employment.

5.1.5. The annual leave year and entitlements for medical staff or those on any local terms are set out in the terms and conditions of their contract.

5.1.6. Under Agenda for Change, full-time staff will be entitled to the following:

Entitlement Days Hours including Public holidays (based on 8 bank holidays per year)*

On joining the NHS 27 + Public holidays

262.5

After 5 years’ service

29 + Public holidays

277.5

After 10 years’ service

33 + Public holidays

307.5

* Please note that some years have a higher or lower number of bank holidays so this

figure may need to be re-calculated on an annual basis. 5.1.7. Annual leave entitlements should be calculated in hours for all staff and entered into E-

rostering/ Healthroster, where available. This allows for clarity, accuracy and facilitates time off for appointments and half days.

5.1.8. All staff must have their leave entitlement calculated inclusive of Public holidays.

5.1.9. Staff are responsible for informing their Line Manager when their leave entitlement increases. The additional leave entitlement will be calculated on a pro-rata basis for the complete months worked in the remaining leave year. If the member of staff does not notify the Line Manager of the increased entitlement then the uplift can only be backdated to the beginning of the current leave year5.1.10.It is the responsibility of Line Managers to make sure that each new leave year (1st April) all their staff leave entitlements are accurate and, where available, entered into E-rostering/Healthroster.

Using the Trust’s Annual Leave calculator these points should be considered:-

NHS service thresholds (5 and 10 years)

Carried over leave

Purchased leave

Any change in contracted hours

8 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

It is the responsibility of all staff to ensure that their annual leave entitlement is correct. Where available, this can be viewed in their ‘Employee Online’ and where they consider it to be inaccurate; they should speak to their Line Manager.

5.2. Term-time Contracts

5.2.1. Staff on term-time only contracts take annual leave in line with the arrangement made. Staff on these contracts must inform their Line Manager when they reach the five and ten year NHS service thresholds as their ‘paid’ hours will need to be recalculated.

5.3. Option to Purchase Additional Annual Leave

5.3.1. This scheme enables staff to buy up to ten (10) days of additional annual leave (pro rata for part time staff), with the cost of buying that annual leave being spread equally over a whole year. The deductions will be adjusted to take account of any pay uplift such as increments or a change in hours.

5.3.2. The scheme is a benefit of the Trust and the purchase of additional leave will be considered on an individual basis, taking into account the needs of the service and reviewed on an annual basis. The objective is to promote opportunity of equity for everyone. If individuals have successfully purchased annual leave in the current leave year, this does not set a precedent for forthcoming years.

5.3.3 Staff who wish to buy additional annual leave will need to make a formal request to their Line Manager, using the appropriate form (‘Application to Purchase Additional Annual Leave’ at Appendix One).

5.3.4. All requests to purchase additional leave need to be approved first by the Line Manager. A second authorisation signature needs to be obtained from Head of Department or Area Manager. If the Line Manager refuses the application, then the member of staff can request the Area Manager to review the request.

5.3.5. Staff are required to submit their application to their Line Manager, at the latest by the second week of March. These should be with the Head of Department or Area Manager by the third week of March.

5.3.6. All requests will be considered subject to the needs of the service, including whether there is a need to backfill absence, if the member of staff will be carrying over any annual leave and whether requests have been submitted on a rolling annual basis therefore some requests may not be authorised.

5.3.7. Approved application needs to be sent, by the Head of Department or Area Manager, to the Transactional HR Department, ideally scanned by NHS mail, in advance of the April cut off; this is normally the 5th of the month. The Transactional HR Department will be responsible for scanning all requests directly to the payroll team and an acknowledgement will be sent to the Head of Department or Area Manager to confirm it has been processed.

5.3.8. Staff are encouraged not to apply later than March as it creates difficulties for the payroll section in the administration of pay adjustments. However, if a member of staff wishes to apply later they are required to meet the payroll deadline for the associated month and need to be aware that deductions of salary will be spread over the reduced number of months in the remaining leave year.

9 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

5.3.9. Should a member of staff leave before the end of the leave year and they have purchased additional leave, a calculation will take place to assess what repayment arrangements need to be put in place.

5.3.10. Staff who take part in this scheme are advised to check their pay slips to ensure deductions are being made from the beginning of the new leave year. If there are any queries these should be directed to the Transactional HR Department in the first instance.

5.3.11. Budget managers have a duty to check their budget reports on a regular basis and the purchasing of annual leave is clearly marked against the appropriate staff member if deductions are in place. It is essential that these checks are made.

5.4. Entitlement on Changing Contractual Hours

5.4.1. Where staff change their contracted hours, this will result in a re-calculation of their annual leave. The annual leave calculator can be used to calculate the change for complete or part months. If staff change their contracted hours part way through a month, entitlement will be calculated on the number of days worked on old and new contracted hours.

5.4.2. For a change in hours part way through the month, a re-calculation will need to be completed and then updated on the e-roster

Example – A member of staff reduces their hours from 37.5 hours to 30 hours per week on 10th January (the figures below assume the member of staff has exceeded 10 years NHS service and there are 8 bank holidays in the year):

Annual entitlement based on 37.5 hours per week = 307.5 hours divided by 12 months = 25.62 hours per month

25.62 hours divided by 31 days in the month x 9 days = 7.43 hours

Annual entitlement based on 30 hours per week = 246 hours divided by 12 months = 20.5 hours per month

20.5 hours divided by 31 days in the month x 22 days = 14.54 hours

Total for the month of January = 21.97 hours

5.4.3. Line Managers will be responsible for calculating entitlements where staff change their contracted hours.

5.5. Requesting Annual Leave

5.5.1. Requests for annual leave should be made electronically via the staff ‘Employee Online’ system. Those teams not yet live on E-rostering/Healthroster will need to continue with their paper process.

5.5.2. Each Unit/Ward/Department/Team should have its own local policy for annual leave which will reflect the needs of that particular service. This will specify the number of staff that can be on leave at the same time. The Trust advises that an average of 14% should be on leave at any one time. A calculation to aid managers to this effect is provided in Appendix Two.

10 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

5.5.3. Requests for leave should be made as early as possible, ideally more than twelve (12) weeks in advance in order for managers to plan proactively for service cover and safe staffing levels. Therefore, it is most important that leave requests be submitted before a roster is completed, which is eight (8) weeks in advance. However, if local arrangements are in place, these should be followed with requests made before rosters are completed, except in an emergency situation.

5.6. Approving Annual Leave Request

5.6.1. Requests for leave should be approved as soon as possible. This should be done electronically, where available, via E-rostering/Healthroster. Where staff have made their requests within specified timescales, managers are required to approve (or decline) these requests within these timescales. In Erostering/ Healthroster, requests are shown in date order and where more than one member of a team requests the same time off, this is shown in order of ‘request’ i.e. who requested first in chronological order. From this point managers can be fair and see clearly if other staff are off at the same time.

5.6.2. Whilst annual leave requests should not be unreasonably refused, all leave requests must be approved taking into account the needs of the service and where this will be compromised, managers have the right to refuse the request. However, where possible, discussion should take place with the member of staff and consideration given to alternative options which would allow the leave to be taken.

5.6.3. Any member of staff who feels their leave has been unreasonably refused should discuss their concerns with their Line Manager in the first instance. If it is not possible to achieve a satisfactory resolution then the Trust’s Grievance Policy and Procedure should be referred to.

5.6.4. Staff must not book holidays or make commitments without having first approved the leave with the authorising manager.

5.6.5. A maximum of two (2) consecutive weeks of annual leave per request can be submitted. Requests extending beyond a two (2) consecutive week should be initially approved by the member of staff’s Line Manager and then submitted to the Head of Department or Area Manager for approval.

5.7. Extended Period of Annual Leave

5.7.1. Occasions may arise when an individual wishes or needs to take an extended period of annual leave i.e. all or most of their entitlement at once or an even longer period of annual leave or more than the departmental protocol normally allows. Such requests should not be unreasonably refused by the manager but this will be at the manager’s discretion as Service needs must take priority. However, the manager should seek to ensure that the individual has regular planned annual leave/ time off throughout the rest of the year.

5.8. Working during Annual Leave

5.8.1. Annual leave provides individuals with a chance to relax and recuperate and the Trust actively promotes staff taking all or at least their statutory leave entitlement each year.

5.8.2. Staff are therefore encouraged not to work during this time (this includes bank shifts within the Trust). In the event that operational reasons require the individual to attend work then the annual leave may be requested to be postponed.

11 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

5.9. Pay during Annual Leave

5.9.1. All staff will receive basic pay during their annual leave. Monthly paid staff that receive regular enhancements will receive additional pay during the months that enhancements are paid which covers their entitlement to enhancements during annual leave periods (this will show on the pay slip as WTD Pay). Enhancements will therefore not be paid whilst the member of staff is actually on leave and should not be claimed.

5.10. Carry Over of Annual Leave

5.10.1. It is expected that within the annual leave year, staff should be provided with the opportunity to take all their annual leave and should be pro-active in taking this leave.

5.10.2. Staff on a fixed term contract or a rotational post should use all their accrued annual leave before commencing a new post.

5.10.3. Staff that transfer within the Trust have the responsibility to make every effort to use their accrued annual leave prior to commencing their new post. If this is not possible then the staff member should seek agreement from the new Line Manager for the leave to be carried over.

5.10.4. Subject to the requirements of the service and review on a case by case basis, up to five (5) days’ annual leave may be carried forward on agreement of the manager and taken in the ensuing leave year. Part time staff will be entitled to carryover a pro-rata entitlement. This must be discussed in advance and subject to service requirement. Any carryover of annual leave should be taken by the end of June.

5.10.5. Regarding staff who have taken maternity leave, where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial to both the Trust and staff for the staff member to take annual leave before and/or after the formal (paid and unpaid) maternity leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the staff member and Line Manager. Payment in lieu may be considered as an option where accrual of the annual leave (which includes Public holidays, where this falls on a member of staff usual working day) exceeds normal carry over provisions. (Please also refer to the Maternity, Paternity and Adoption Policy).

5.10.6. The Trust does not operate a scheme whereby staff can sell back unused annual leave. If in exceptional circumstances, such a request is made, the manager should contact HR for advice.

5.11. Sickness Absence

5.11.1. In line with the Trust’s Managing Sickness Absence Policy staff will continue to accrue their contractual annual leave during sickness. Public holidays do not accrue during sick leave.

5.11.2. Staff who return to work following long-term sickness are expected to use their statutory annual leave accrued during the sickness as part of a graduated/phased return to work. Reference should be made to the Trust’s Managing Sickness Absence Policy and Procedure.

12 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

5.11.3. In line with recent developments in case law1, staff who are long-term sick have the right to receive at least their statutory entitlement to annual leave (less accrued bank holidays) if their sickness continues into a new leave year. Managers should therefore make arrangements for the balance of any outstanding statutory entitlement (less accrued bank holidays) to be carried over in to the new leave year. This may also be used to support a graduated/phased return to work. For example an employee that had not taken any annual leave could carry over a maximum of 20 days (150 hours). An employee than had taken 5 days leave could carry over 15 days (112.5 hours). This carried forward leave must be used within 18 months.

5.11.4. Staff may request to be paid for their statutory leave entitlement during sickness. Such requests will need to be by agreement with the Line Manager.

5.11.5. Staff who are sick prior to a pre-arranged period of annual leave and whose sickness extends into the leave period have the right to request that the leave is taken at a later date. Staff will need to provide a medical certificate to reclaim annual leave. Any charges for obtaining the certificate will be reimbursed.

5.11.6. If staff fall sick whilst on annual leave then, in accordance with Agenda for Change Terms and Conditions, the sickness should be reported on the first day of sickness as if they were not on annual leave (following the department’s procedures for reporting absence). Staff may claim back the annual leave on production of a medical certificate and any charges for obtaining the certificate will be reimbursed.

5.11.7. In the event an individual should want to take annual leave whilst on long term sick, requests to do so should be made in advance and with the agreement of their manager. The manager may consult with Occupational Health. Staff should still request agreement for annual leave that was pre booked prior to their long term sick absence. If no agreement is achieved the absence will be treated as unauthorized and unpaid. When annual leave is agreed that period of time will be recorded as annual leave and paid as annual leave. 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.

5.11.8 If a staff member on a term time only contract is on sick leave over a school holiday then the manager should contact the HR department for advice regarding this.

5.12. Religious and Cultural Observance

5.12.1. 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, make up the time or unpaid leave when considering requests for such leave.

5.12.2. 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. The dates for some festivals do not become clear until quite close to the actual day. Managers will be expected to consider such requests in accordance with service needs, and accommodate these where reasonable to do so.

1 Plumb v Duncan Print Group Ltd 2015

13 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

5.12.3. Further information on Religious and Cultural Festivals is available from the Equality and Diversity Lead.

5.13. Unpaid Leave

5.13.1. There may be circumstances when it is appropriate for a manager to allow an individual to take unpaid leave, subject to the needs of the service. Examples include:

to enable an individual to take an extended period of annual leave; or

an individual has just joined the Trust and has a pre-booked holiday for which they would not have enough annual leave entitlement.

5.13.2. In normal circumstances, the individual’s paid annual leave entitlement should be used up first.

5.13.3. Reference should also be made to the Trust’s Special Leave Policy and Procedure, if appropriate.

5.14. Entitlement on Leaving the Trust

5.14.1. Staff on leaving the Trust will receive their annual leave entitlement as accrued pro rata for the current leave year, less any annual leave taken.

5.14.2. Staff who have taken leave in excess of their entitlement will have the appropriate deduction made from their final salary payment.

6. Monitoring Compliance

6.1. Human Resources (HR) will monitor and analyse data on a quarterly basis. HR will use the data to monitor the implementation of the policy and management of cases. In addition, the data will be collated and analysed for information regarding the level of annual leave taken and the reasons for carryover of annual leave.

6.2. Subsequently, the data will be used to inform and improve policies, as well as provide recommendations for improving working practices. HR will provide relevant reports, based on this data, to the Strategic Workforce Committee (SWC), Executive Board and the Joint Consultative and Negotiating Committee (JCNC) as required.

7. Policy Review

7.1. The policy and procedures contained within these documents will be in place for three years following approval of a review and amendments. An earlier review can take place should exceptional circumstances arise resulting from this policy; in whole or in part, being insufficient for the purpose and/or if there are legislative changes.

8. Associated Documents

Grievance Policy and Procedure

Managing Sickness Absence Policy and Procedure

Managing Stress and Enhancing Wellbeing Policy and Procedure

14 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

Maternity, Paternity and Adoption Policy and Procedure

Roster Policy and Procedure

9. Supporting References

Working Time Regulations (1998: Amended 2003 & 2007)

Part-time Workers (Prevention of Less Favourable Treatment) Regulations (2000)

Agenda for Change Terms and Conditions Agreement (November 2004)

www.southernhealth.nhs.uk/workday/leave/

15 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

APPENDIX ONE

APPLICATION TO PURCHASE ADDITIONAL ANNUAL LEAVE

Additional leave may be requested in accordance with the Trust’s Annual Leave Policy and Procedure. This scheme enables staff to buy up to 10 days of additional annual leave (pro rata for part time staff), with the cost of buying that annual leave being spread equally over a whole year To: [email protected] or Transactional HR Department, Hawthorn Lodge, Moorgreen Hospital, Botley Road, West End. SO30 3JB. Name: .................................................................................................. (please print your name) Directorate: ................................................................................................................................. Base: .......................................................................................................................................... Payroll Assignment Number: ............................................................... (shown on your payslip) I am applying to purchase …….. days/hours annual leave during the leave year ___/___ and understand that the cost of this will be recovered from my pay for the remaining months of this financial year. I also understand that this will have no impact on my pensionable service if I contribute to the NHS Pension Scheme. I agree that, should I leave before the end of this leave year, the amount owed to the Trust in respect of this leave can be deducted from my final salary payment. Signed: ....................................................................................................................................... Date: ...........................................................................................................................................

I approve / do not approve* this application Signature: ......................................................................................................... (Line Manager) Job Title: ............................................................................................................... (please print) Contact Telephone Number: .....................................................................................................

I approve / do not approve* this application Signature: ..................................................................... (Head of Department / Area Manager) Name: .................................................................................................................. (please print) * delete as appropriate

16 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

Notes: 1. This form will not be processed unless all of the details shown above (including your payroll assignment

number) have been completed. If any part is incomplete it will be returned to you for the missing parts to be filled in.

2. The application MUST be signed by all parties. 3. The initial application must be submitted by you to your Line Manager by the second week of March. 4. If the leave is approved at all stages, this form must be received in the Transactional HR department by

1st

April; if this falls on a weekend it must be received by the Friday before. 5. It is essential to check that deductions are being made from your April pay and if not the

Transactional HR Department must be notified by email to [email protected] or by phone on 023 80 47 5257 or 023 80 47 5344. Any overpayments made will be recovered in full.

17 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

APPENDIX TWO

Annual Leave Algorithm:

Calculating the number of staff who may take annual leave at any one time.

Example:

A Unit has 21 Whole Time Equivalent (WTE).

The percentage of staff on annual leave at any time is 14.0%

Therefore:

21 x 0.140 = 2.94 3.00 WTE

You would need to try and allocate approximately 3 members of staff per week on leave to achieve balance over the year.

The number of WTE in post can be viewed in E-rostering/Healthroster, where available, by using the details pane under ‘My Staff Details’.

Please note: This number is based on WTE in post; therefore as staff join and/or leave you will need to recalculate the above.

18 SH HR 47 Annual Leave Policy and Procedure Version 4 April 2018

APPENDIX THREE – Equality Impact Analysis Screening Tool

Equality Impact Assessment (or ‘Equality Analysis’) is a process of systematically analysing a new or existing policy/practice or service to identify what impact or likely impact it will have on protected groups.

It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. The form is a written record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law.

For guidance and support in completing this form please contact a member of the Equality and Diversity team.

Name of policy: Annual Leave Policy and Procedure

Policy Number: SH HR 47

Department: Human Resources

Lead officer for assessment: Louise Jones: Senior HR Manager

Date Assessment Carried Out: April 2013 Reviewed June 2016; March 2018

1. Identify the aims of the policy and how it is implemented.

Key questions Answers / Notes

Briefly describe purpose of the policy including: How the policy is delivered and by

whom Intended outcomes

To provide a standard and equitable approach to the management and calculation of annual leave and Bank/Public holiday entitlements for staff. Southern Health NHS Foundation Trust (the ‘Trust’) is committed to developing and maintaining working arrangements that enable staff to achieve a work-life balance. The Trust recognises the importance of annual leave in helping staff to achieve this. Annual leave is an important part of work life balance; equally the good management of annual leave by the individual and the manager is essential to the health and safety of the employee and the organisation.

2. Consideration of available data, research and information

Monitoring data and other information involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. It can help you

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to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster good relations. Please consider the availability of the following as potential sources: Demographic data and other statistics, including census findings Recent research findings (local and national) Results from consultation or engagement you have undertaken Service user monitoring data Information from relevant groups or agencies, for example trade unions and

voluntary/community organisations Analysis of records of enquiries about your service, or complaints or

compliments about them Recommendations of external inspections or audit reports

Key questions Data, research and information that you can refer to

2.1 What is the equalities profile of the team delivering the service/policy?

The Equality and Diversity team will report on Workforce data on an annual basis.

2.2 What equalities training have staff received?

All Trust staff have a requirement to undertake Equality and Diversity training as part of Organisational Induction (Respect and Values) and E-Assessment

2.3 What is the equalities profile of service users?

The Trust Equality and Diversity team report on Trust patient equality data profiling on an annual basis

2.4 What other data do you have in terms of service users or staff? (e.g. results of customer satisfaction surveys, consultation findings). Are there any gaps?

The Trust has an Equality Delivery System which will allow a robust examination of Trust performance on Equality, Diversity and Human Rights. This will be based on 4 key objectives that include: 1. Better health outcomes for all 2. Improved patient access and

experience 3. Empowered, engaged and

included staff 4. Inclusive leadership

2.5 What internal engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? Service users/carers/Staff

Staff Side representatives

2.6 What external engagement or consultation has been undertaken as

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part of this EIA and with whom? What were the results? General Public/Commissioners/Local Authority/Voluntary Organisations

In the table below, please describe how the proposals will have a positive impact on service users or staff. Please also record any potential negative impact on equality of opportunity for the target: In the case of negative impact, please indicate any measures planned to mitigate against this.

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Positive impact (including examples of what the policy/service has done to promote equality)

Negative Impact Action Plan to address negative impact

Actions to overcome problem/barrier

Resources required

Responsibility Target

Age

No negative impact s have been identified at this stage of screening

Disability

Staff with disabilities may have more annual leave to carry over if they have had long term sickness absence in the qualifying holiday year.

Managing Sickness Absence Policy with regard to accrual of annual leave when an individual is on long term sick

Gender Reassignment

No negative impact s have been identified at this stage of screening

Marriage and Civil Partnership

No negative impact s have been identified at this stage of screening

Pregnancy and Maternity

Accrual of annual leave during maternity

Race

No negative impact s have been identified at this stage of screening

Religion or Belief

Subject to service needs, the Trust will support requests, wherever

Staff with religious beliefs may need annual leave on

Mangers should deal with individual requests and must

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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, make up the time or unpaid leave when considering requests for such leave.

specific days to celebrate festivals or take part in religious ceremonies. If these requests are denied, this could amount to indirect discrimination.

be able to justify why any requests like this cannot be granted.

Sex

The aim is to eliminate unlawful discrimination of employees – especially with regards to full time and part time working. The policy ensures that employees are not treated differently or unfairly. Purchasing additional leave: Staff who do choose to purchase additional leave have the salary deducted over a twelve month period and not in the weeks that the additional leave is taken

No negative impact s have been identified at this stage of screening

Sexual Orientation

No negative impact s have been identified at this stage of screening