Lead Employer Annual Leave Guidance
Tool Kit
January 2018 to 31 January 2021
Contents
- Annual Leave Guidance for 2002 Terms and Conditions of Service
- Annual Leave Guidance for 2016 Terms and Conditions of Service
- Annual Leave Guidance for AfC Terms and Conditions of Service.
- Annual Leave Guidance for Student Physician Associates ( SPA)
- Annual Leave application form
- Annual Leave Guidance 2002 TCS:
Entitlements
Each trainee has an entitlement to annual leave and public holidays. These entitlements will vary dependent upon certain factors which are explained below.
Trainees on the minimum first and second incremental points are entitled to 5 weeks (25 days) annual leave per year increasing to 6 weeks (30 days) from the third incremental point and higher. In addition each trainee has 2 statutory days therefore Annual Leave Entitlement will be either 27 days or 32 days (prorated for part time employees)
Bank Holidays Entitlement – this will depend on the number of bank holidays which fall in the year. There are normally 8 per year, however this may change and will be calculated accordingly. Bank holiday entitlement for part time trainees will be prorated.
Annual Leave Year
The leave year for trainees will run from the 1st Wednesday in August (commencement of August changeover) and will end on the Tuesday immediately prior to the August changeover.
Approval of Leave
Trainees should apply for leave to the relevant personnel at each host trust to which they rotate. Leave will be approved by each host trust who will ensure that ESR is updated and accurate records of trainees annual leave is provided to the Lead Employer in line with local processes. A trainee shall normally provide a minimum six weeks’ notice of annual leave to be approved in accordance with local policies and procedures.
Annual Leave Carry Over
Please note that all Trainees should make every effort to take their annual leave pro-rata spreading this equally across their placements i.e. if you have 27 days per year and have two six month placements then 13.5 days leave should be taken in each placement and this is primarily for two reasons:
1)Educational – Each Trainee will during their placements take annual and study leave and there may be occasions when further leave is taken i.e. special leave or sick leave. If Trainees also carry further annual leave over to a placement then this may mean that they will not spend enough time in the placement to be ‘educationally signed off’.
2)Rotas – Trainees will normally be assigned to rotas with on-call duties which will factor in annual leave for the number of Trainees assigned to the rota. If you were to have for example two Trainees wanting to request to carry over five days leave to the next placement this would mean that the other Trainees working on that rota may have to pick up the additional on-call duties caused by the additional leave that has been brought forward.
Only in exceptional circumstances should Trainees apply to carry over annual leave in which case please note that:
Trainees must be able to demonstrate the reason for the request i.e. they have not been permitted to take annual leave in their current placement, although this should be raised locally as a concern at an early stage and before the end of the placement should this be the case. Confirmation from the host trust will be required to support the application for carry over of leave.
Trainees must also seek full agreement from the current and receiving placement that they may carry over annual leave to establish whether appropriate arrangements can be put in place to accommodate the requests without adversely impacting the service or other Trainees.
A maximum of 5 days (pro rata for LTFT) only may be considered subject to the above.
*It is therefore beneficial to all Trainees that annual leave is spread equally across their placements.
Annual Leave for LTFT Trainees
Annual Leave for less than full time Specialty Registrars should be calculated on a pro-rata basis. So for example, a less than full time trainee working 60% of a full time rota should receive 60% of the full time entitlements of annual leave, plus 60% of the entitlement to Bank Holidays. Bank holiday hours should only be deducted if this is the trainees normal working day.
EG= 27 days entitlement /40 hours x 24 (60%) hours = 16 days annual leave
32 days entitlement /40 hours x 32 (80%) hours = 26 days annual leave
8 Bank Holidays /40 hours x 24 (60%) = 5 days
8 Bank Holidays /40 hours x 32 (80%) = 6 days
Any agreed carry over of annual leave should be calculated in the same way
EG = 5 days carry over / 40 hours x 24 (60%) = 3 days
5 days carry over / 40 hours x 32 (80%) = 4 days
Sickness and Annual Leave
If a trainee falls ill during a period of annual leave and wishes their annual leave to be recorded as sickness, they must comply with the Lead Employer Attendance Management Policy.
Where sickness occurs during periods of annual leave, the Speciality Registrar must notify their assigned contact at their Host Trust on the first day of sickness to advise them of this. Providing that the absence is reported in line with the Lead Employer Attendance Management Policy and the full absence is covered by a Statement of Fitness to Work (fit note) approval should be given for the leave to be taken at a future date within the leave year, subject to the demands of the service. Bank Holidays falling during sick time cannot be taken at a later stage.
The Host Leave Co-ordinator must notify the Lead Employer HR Department of this agreement in writing.
- Annual Leave Guidance 2016 TCS:
Entitlements
The annual leave entitlement for a full-time doctor is as follows, based on a standard working week of five days:
a. On first appointment to the NHS: 27 days
b. After five years’ completed NHS service: 32 days.
These leave entitlements include the two extra-statutory days previously available in England under the 2002 Terms and Conditions of Service.
As leave is deducted from the rota before average hours are calculated for pay purposes, as set out in paragraph 12 of Schedule 4, leave may not be taken from shifts attracting an enhanced rate of pay or an allowance, as set out in Schedule 2 of these TCS. Where a doctor wishes to take leave when rostered for such a shift or duty, the doctor must arrange to swap the shift or duty with another doctor on the same rota. It is the trainee’s responsibility to arrange such swaps and the host is not obliged to approve the leave request if the doctor does not make the necessary arrangements to cover the shifts.
Bank Holidays Entitlement – this will depend on the number of bank holidays which fall in the year. There are normally 8 per year, however this may change and trainees will be notified accordingly. Bank holiday entitlement for part time trainees will be prorated and shall be added to annual leave entitlement, and any bank holidays shall be taken from the combined allowance for annual leave and bank holidays.
A doctor who in the course of their duty is required to be present in the hospital (or other place of work) at any time (from 00.01 to 23.59) on a bank holiday, or who is rostered to be on call on a bank holiday, will be entitled to a standard working day off in lieu. Where a doctor’s working pattern includes scheduled rest days (sometimes known as zero hours’ days) and such a day falls on a bank holiday, then the doctor will be given a day off in lieu of the bank holiday. Where a public holiday, including Christmas Day (25 December), Boxing Day (26 December) or New Year’s Day (1 January), falls on a Saturday or a Sunday, the public holiday will be designated instead as falling on the first working weekday thereafter. In such circumstances, no day in lieu then arises for the work undertaken on Christmas Day (25 December), Boxing Day (26 December) or New Year’s Day (1 January).
Annual Leave Year
The leave year for trainees will run from the 1st Wednesday in August (commencement of August changeover) and will end on the Tuesday immediately prior to the August changeover.
Approval of Leave
Trainees should apply for leave to the relevant personnel at each host trust to which they rotate. Leave will be approved by each host trust who will ensure that ESR is updated and accurate records of trainees annual leave is provided to the Lead Employer.A doctor shall normally provide a minimum six weeks’ notice of annual leave to be approved in accordance with local policies and procedures. Hostsmust allow annual leave to be taken for life-changing events, for example a doctor’s wedding day, provided that the doctor has given notice to the employer in accordance with paragraph 14 of the Schedule (minimum 6 weeks as above).
Annual Leave Carry Over
The doctor and the employer will work together to ensure that leave is appropriately planned and taken across the year. This is to ensure both access to training and the maintenance of service delivery, and to protect the safety of both doctors and patients. It is advised that the annual allowance is split equally between the number of placements within the leave year e.g. if a trainee has 27 days leave and has two six month placements , the trainee should take 13.5 days at each placement .
In exceptional circumstances where agreement on planning leave is not possible despite the best reasonable efforts of the doctor and the employer, some leave may need to be allocated to ensure that all doctors are able to take their full leave entitlement while maintaining safe coverage of services. However, leave should not be fixed into a working pattern for this or any other reason without agreement from the doctor
In cases where exceptional circumstances or service demands have prevented a doctor from taking the full leave allowance, up to five days of leave per annum (pro rata for contracts or placements of less than 12 months’ duration or for doctors who work less than full time), may be carried forward to the next post or placement with the same employer. This is not an entitlement and must be with the agreement of the relevant department, in line with the employer’s local policy. With the agreement of the employer and in line with local policy, payment in lieu can be made for up to five days’ annual leave (pro rata as appropriate) which could not be taken before a move to a new employer.
Annual Leave for LTFT Trainees
Annual Leave for less than full time Specialty Registrars should be calculated on a pro-rata basis. So for example, a less than full time trainee working 60% of a full time rota should receive 60% of the full time entitlements of annual leave, plus 60% of the entitlement to Bank Holidays.
EG= 27 days entitlement /40 hours x 24 (60%) hours = 16 days annual leave
32 days entitlement /40 hours x 32 (80%) hours = 26 days annual leave
8 Bank Holidays /40 hours x 24 (60%) = 5 days
8 Bank Holidays /40 hours x 32 (80%) = 6 days
Any agreed carry over of annual leave should be calculated in the same way
EG = 5 days carry over / 40 hours x 24 (60%) = 3 days
5 days carry over / 40 hours x 32 (80%) = 4 days
It may be appropriate for leave to be calculated for some doctors in hours.
Sickness and Annual Leave
If a trainee falls ill during a period of annual leave and wishes their annual leave to be recorded as sickness, they must comply with the Lead Employer Attendance Management Policy.
Where sickness occurs during periods of annual leave, the Speciality Registrar must notify their assigned contact at their Host Trust on the first day of sickness to advise them of this. Providing that the absence is reported in line with the Lead Employer Attendance Management Policy and the full absence is covered by a Statement of Fitness to Work (fit note) approval should be given for the leave to be taken at a future date within the leave year, subject to the demands of the service. Bank Holidays falling during sick time cannot be taken at a later stage.
The Host Leave Co-ordinator must notify the Lead Employer HR Department of this agreement in writing.
- Annual Leave Guidance AfC TCS:
Entitlements
Annual leave entitlement is based on length of service for AfC trainees. On completion
of 5 and 10 years NHS service, your annual leave entitlement will increase in accordance
with Agenda for Change Terms and Conditions Handbook. Additional service leave will
be proportional to the number of basic contracted hours worked.
The table below outlines the annual leave entitlements in hours for full time staff working 37.5 hours per week in accordance with Agenda for Change Terms and Conditions Handbook at the date of issue:
On Appointment / After 5 Full years NHS Service / After 10 Full Years NHS Service / Statutory Bank Holidays ( based on 8 days )202.5hrs / 217.5hrs / 247.5hrs / 60hrs
It is the Trust policy to determine annual leave and bank holiday entitlement in hours not days. Calculation of annual leave and bank holidays will be proportional to the number of basic contracted hours worked. On each and every occasion a trainee takes paid time off on a Bank Holiday, which is part of their basic working week, you should deduct the normal working hours for that day from their overall annual leave entitlement.
Annual Leave Year
The leave year for trainees will run from the 1st April – 31st March each year.
Approval of Leave
Trainees should apply for leave to the relevant personnel at each host trust to which they rotate. Leave will be approved by each host trust who will ensure that ESR is updated and accurate records of trainees annual leave is provided to the Lead Employer.The timing of annual leave is subject to prior approval of their Supervisor and it is advisable to request leave dates well in advance. Because of seasonal or other
demands, it may not be possible to allow leave to be taken at certain times.
Annual Leave Carry Over
Under Agenda for Change Terms and Conditions of service handbook there is no carry
over of annual leave from one holiday year to another except under local arrangements
when there are wholly exceptional circumstances when carry over can be approved by
your Head of Department, subject to a maximum of five working days (pro rata).
Annual Leave for LTFT Trainees
Annual Leave for less than full time trainees should be calculated on a pro-rata basis. So for example, a less than full time trainee working 60% of a full time rota should receive 60% of the full time entitlements of annual leave, plus 60% of the entitlement to Bank Holidays.
EG=
202.5 hours entitlement /37.5 hours x 22.5 (60%) hours = 121.50 hours annual leave
202.5 hours entitlement /37.5 hours x 30 (80%) hours = 162 hours annual leave
60 hours Bank Holidays /37.5hours x 22.5 (60%) = 36 hours
60 hours Bank Holidays /37.5 hours x 30 (80%) = 48 hours
Sickness and Annual Leave
If a trainee falls ill during a period of annual leave and wishes their annual leave to be recorded as sickness, they must comply with the Lead Employer Attendance Management Policy.
Where sickness occurs during periods of annual leave, the Speciality Registrar must notify their assigned contact at their Host Trust on the first day of sickness to advise them of this. Providing that the absence is reported in line with the Lead Employer Attendance Management Policy and the full absence is covered by a Statement of Fitness to Work (fit note) approval should be given for the leave to be taken at a future date within the leave year, subject to the demands of the service. Bank Holidays falling during sick time cannot be taken at a later stage.
The Host Leave Co-ordinator must notify the Lead Employer HR Department of this agreement in writing.
- Annual Leave Guidance SPA TCS:
Entitlements
SPA employees will receive 315 hours paid leave and public holiday leave over the 2 years programme. Annual leave bank holidays and unpaid leave are pre allocated into the SPA roster, there can be no change to these arrangements without prior agreement from the Lead Employer.
Approval of Leave
You can swap up to 2 days per annum for personal or religious reasons(with approval by the Lead Employer) - paid leave day for clinical placement day/unpaid leave day for academic placement day.
If for personal reasons a student needs to take holidays at a different time from those allocated they must seek permission from the Lead Employer. If permission is granted and the holidays fall within a clinical placement it is in the first instance the SPA’s responsibility to inform their educational Supervisor and/ or placement manager. The Lead employer will also confirm this agreed change with the clinical placement. Any such changes will only be granted in very exceptional circumstances. If granted this will be unpaid leave and will count towards the SPA’s overall absence level. SPA’s are not permitted to work on clinical placement outside the agreed timescales in order to “make up” time.