HRPOL24 Annual Leave and Bank Holiday Policy by Provide Community

Version: V6

Ratified by: People, Culture and Remuneration Committee

Date ratified: 24/05/2022

Job Title of author: Human Resources – HR Business Partner

Reviewed by Committee or Expert Group Staff Partnership Forum. People and Culture Steering Group

Equality Impact Assessed by: Joanne Dickman, HR Business Partner

1. Introduction

All employees of Provide Group are entitled to a period of paid annual leave and eight paid Bank Holidays per annum, pro rata. The individual entitlement is dependent upon the employee’s length of service and contracted working hours. All annual leave entitlements will be calculated in hours.

2. Purpose

The purpose of this document is to provide managers and employees with guidance on the application and management of all annual leave and bank holiday entitlements to ensure that all colleagues take adequate rest away from work whilst maintaining the needs of the service.

3. Policy Statement

Provide encourages all colleagues to take their periods of annual leave in blocks throughout the year to ensure that they derive the full benefit of a rest and break away from work. Employees should take their full annual leave entitlement each year and managers should endeavour to ensure that the workloads of employees do not prevent any employee from taking their entitlement to annual leave.

Provide’s corporate objectives express our commitment to creating a business that people want to join and as such does not expect any colleagues to fulfil working commitments during periods of annual leave. Annual leave should enable colleagues to take time away from work to relax and enjoy a break. If colleagues feel pressured into fulfilling work commitments during annual leave, they should seek advice from their line manager or from the HR Department.

4. Scope

The principles and processes set out in this policy will apply to all colleagues directly employed by the Provide Group, unless they have different terms and conditions regarding annual leave protected under TUPE arrangements. The annual leave entitlements in this policy apply to those on Agenda for Change terms and conditions of employment. Employees on different terms should refer to their contract of employment to establish their annual leave entitlement.

Medical and Dental colleagues employed by Provide are also covered by this policy except where national Medical and Dental terms contradict those contained within it. In these cases, the national Medical and Dental terms will override this policy.

Those engaged through Workforce Solutions (Bank Workers) are not covered by this policy.

5. Responsibilities

Responsibility of the HR Department

To devise guidelines on the management of annual leave and bank holidays and to ensure that these guidelines are maintained and updated accordingly in line with any organisational or legislative changes.

Responsibility of Line Managers

To ensure that the procedures are applied fairly to all employees irrespective of race, sex, religion, belief, marriage or civil partnership, gender reassignment, pregnancy, maternity, disability, age or sexual orientation.

To ensure that employees are made aware of the procedure for requesting annual leave within their own department and to ensure that each employee is aware of his or her own entitlement.

To keep accurate annual leave records for all employees in their department, and to undertake a quarterly review to monitor the uptake of annual leave to ensure that employees are taking regular breaks away from work and are using their full annual leave entitlement each year.

Responsibility of Employees

To be aware of the Annual Leave Policy & Procedure.

To request annual leave in line with their own departmental procedure.

To keep their own accurate annual leave record and to be aware of their full annual leave entitlement at the start of each year - as well as their remaining entitlement throughout the course of the year.

6. The Annual Leave Year

The annual leave year runs from 1st April to 31st March each year. Colleagues should ensure that they use their full entitlement of annual leave each year in consultation and agreement with their line manager.

In very exceptional circumstances and with prior agreement with their line manager, annual leave may be carried forward into the following leave year, subject to a maximum of an employee’s normal contractual weekly hours (i.e. 37.5 hours for a fulltime employee).

Any agreement to carry over leave is at the discretion of the line manager and must be used up by the end of the new leave year as it cannot be carried over again into a subsequent year.

7. Entitlement –

Annual Leave and Bank Holidays

An employee’s annual leave entitlement is determined by their length of service with this organisation plus the length of any aggregated previous NHS service. This is referred to as ‘reckonable service’ i.e. any period of time that has been worked delivering NHS services, with the exception of time spent working in Primary Care, regardless of whether or not there has been a break in service will count as ‘reckonable’ service for annual leave – although the period of the break itself will not count towards the total.

The procedure for declaring previous service is for the employee to complete the form attached at Appendix 3 (detailing their previous service) and present this to HR for the verification process. All service must be verified through an Inter Authority Transfer

or an employment reference received by Provide. A copy of the Form, once verified, will then be forward to the line manager for calculation of annual leave entitlement.

Any time worked in an NHS organisation on Bank or zero hours contracts will not be considered as ‘reckonable’ for the purpose of annual leave entitlement.

Any entitlement to additional annual leave identified through this process will be calculated from the date of application. Entitlement will not be back dated to the start date with Provide.

Table 1 –

Entitlements:

Length of Service

On appointment

After 5 years’ service

After 10 years’ service

Annual Leave (pro-rata for part time employees)

General Public Holidays (pro-rata for part time employees)

202.5 hours (27 days) 60 hours (8 days)

217.5 hours (29 days) 60 hours (8 days)

247.5 hours (33 days) 60 hours (8 days)

The organisation has decided to calculate all paid entitlements in hours not days for all employees regardless of whether employees work full time or part time. Calculating entitlements in hours ensures equity for all employees, making sure that colleagues who work variable hours/shifts do not receive more or less leave than colleagues who work a fixed pattern.

As a governing principle, the number of hours taken as paid annual leave or on a bank holiday will equal the number of hours the employee would otherwise have worked.

Paid annual leave entitlements for all employees in relation to basic contracted working hours are set in in Ready Reckoner 1 (see Appendix 4) Hours have been rounded up to the nearest 0.5 decimal (i.e. to the nearest ½ hours).

It should be noted that employees on the Senior Managers’ Pay and Reward Framework are entitled to 30 days annual leave per annum (pro-rata for part time employees).

In addition to paid annual leave entitlements, employees are entitled to 8 paid general public holidays. In the case of all part time employees this entitlement is pro rata to the full-time allowance of 8, based on their weekly contracted hours worked. In this way, all employees have a fair and equitable entitlement rather than eligibility based solely on the normal days of work which would result in some part time colleagues employees never receiving the benefit of Bank Holidays unless they fall on their normal days of work.

Similarly, this calculation based on the number of basic weekly contracted hours removes any potential for inequity in the case of colleagues whose working days vary. Ready Reckoner 2 (see Appendix 5) contains the Bank Holiday entitlement per Bank Holiday dependent on the number of weekly contractual hours.

To calculate an employee’s total leave entitlement inclusive of bank holidays, Ready Reckoner 1 Annual Leave Entitlement for complete year and Ready Reckoner 2 Bank holiday entitlement should be added together. They are shown separately so that the composition of an employee’s full entitlement is clear.

8. Extended periods of Annual Leave

Employees who wish to take more than two weeks’ leave in any one block should put their request in writing to their line manager at least three months in advance to ensure that cover arrangements can be put in place in order to maintain adequate service provision. The approval of such requests is at the discretion of the line manager, who must also consider the needs of the service. If the manager is unable to agree to the request for an extended period of leave, they should respond to the employee’s request in writing providing the reasons as to why they are unable to approve the request.

9. Payment during Annual Leave

Pay during annual leave will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements (where applicable).

If you have a substantive Agenda for Change (AfC) contract with Provide CIC, you will be entitled to earn Working Time Directive (WTD) payments on your enhancements only and this will be paid at the rate of 12.5% as a payment in lieu of statutory annual leave when enhancements are paid.

Certain posts in AfC Band 2 are exempt from this arrangement as the enhancements are still claimed throughout periods of annual leave and will therefore not attract additional WTD payments.

10.Sickness and Annual Leave

Provide recognises that sickness and annual leave are for two entirely different purposes. Annual leave is given to enable workers to rest and to enjoy a period of relaxation and leisure. Sick leave is given to the worker so that he or she can recover from an illness that has caused him or her to be unfit for work.

Employees who are signed off on sick leave may go on vacation where it is beneficial for their recovery. The employee may choose whether this time is recorded as sick leave or annual leave (the latter may be preferential if the employee has run out of full sick pay). Employees may also choose to take their holiday instead of a period of sick leave (in cases of long-term sickness absence). Provide will not however insist on any employee taking annual leave when they are signed off sick.

If an employee requests to take annual leave whilst they are signed off sick, the manager should complete a P3 form and send it to Finance, stating that the employee is currently off on long term sick but wishes to be paid some of their accrued annual leave entitlement. The P3 must state the leave dates and the amount of accrued annual leave hours to be paid. The period of sickness will remain on ESR and will effectively be “paused” and recommenced when the employee’s annual leave has been taken. Managers should ensure that this is considered when reviewing any absence taken.

If an employee falls ill immediately before or during a period of annual leave and wishes their annual leave to be recorded as sickness, they must comply with the organisation’s sickness absence reporting procedure and produce a medical certificate to cover the whole period of sickness within 1 week of their return. In the absence of a doctor’s medical certificate, the period of absence will continue to be recorded as annual leave.

It is reasonable to expect that employees on sick leave are contactable for appropriate communications, meetings or occupational health consultations. If an employee does wish to go away on holiday, they should notify and secure the agreement of their manager as a matter of courtesy. As part of the mutual trust and confidence between employees and Provide, it is the employee’s duty to ensure that the holiday is not detrimental to their recovery. If the employee has been wilfully negligent and has delayed their recovery and return to work by any such activities this could lead to disciplinary action and/ or the deduction of pay.

Employees still accrue annual leave whilst on sick leave. Therefore, in the event that an employee has remaining annual leave following a period of sickness, reasonable opportunity should be given to allow the employee to take this leave within the same holiday year.

An employee who has genuinely been unable to take all their annual leave because they have been off sick is entitled to carry over up to 4 weeks (pro-rata) of unused leave into the next year. Any leave taken up to 4 weeks (pro-rata) would be deducted from the statutory entitlement to determine any carry-over.

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

• Step 1 - Multiply 5.6 weeks’ (as determined by the Working Time Regulations) by the employee’s weekly contractual hours.

• Step 2 - Deduct any annual leave and bank holidays already taken (in hours) between 1st April and 31 March from the figure at Step 1.

• Step 3 - Annual leave hours remaining will be the number of annual leave hours to be carried forward (up to a maximum of four weeks’ contractual hours).

Example 1:

Debbie Brown works 30 hours per week over 5 days. She commenced a period of long-term sick leave on 25th May and returned to work on 4th April, the following year.

Prior to commencing her period of long-term absence, Debbie had not requested any annual leave but she had 3 bank holidays (Good Friday, Easter Monday & May Day) which was 18 hours in total.

Using the calculation above to determine how much leave entitlement Debbie may be able to carry forward, this is as follows:

• Step 1 - 5.6 weeks x 30 hours = 168 hours

• Step 2 - Deduct any annual leave or bank holiday already taken (between 1st April & 31st March) = 168 hours – 18 hours = 150 hours

• Step 3 - The calculation advises that the number of hours carried forward should total no more than 4 weeks of contracted hours for Debbie which is 4 x 30 hours = 120 hours.

Debbie is unable to carry forward 150 hours, she is only entitled to carry forward 120 hours of leave entitlement.

Example 2:

Thomas Green works 37.5 hours per week. He commenced a period of long-term sick leave on 25th November and returned to work on 24th July, the following year.

Prior to commencing his period of long-term absence, Thomas had taken 160 hours of annual leave and 5 bank holidays (Good Friday, Easter Monday, May Day, Spring & August Bank Holidays) which was 37.5 hours. Thomas had already used 197.5 hours in total.

Using the calculation above to determine how much leave entitlement Thomas may be able to carry forward, this is as follows:

• Step 1 - 5.6 weeks x 37.5 hours = 210 hours

• Step 2 - Deduct any annual leave or bank holiday already taken (between 1st April & 31st March = 210 hours – 197.5 hours = 12.5 hours

Thomas Green is able to carry forward 12.5 hours of leave entitlement into the new annual leave year.

Example 3:

Sarah White works 22.5 hours per week over three days. She commenced a period of long-term sick leave on 10th February and returned to work on 7th August.

Prior to commencing her period of long-term absence, Sarah had taken 110 hours of annual leave and 4 bank holidays (Good Friday, May Day, Christmas Day & New Year’s Day) which was 30 hours. Sarah had already used 140 hours in total.

Using the calculation above to determine how much leave entitlement Sarah may be able to carry forward, this is as follows:

• Step 1 - 5.6 weeks x 22.5 hours = 126 hours

• Step 2 - Deduct any annual leave or bank holiday already taken (between 1st April & 31st March = 126 hours – 140 hours = -14 hours

Sarah White had already booked and used more than 126 hours of leave entitlement prior to her period of long-term sickness absence, and therefore there is no leave to carry forward into the new year.

Employees 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.

11.Procedure for booking Annual Leave

Employees must ensure that all annual leave requests have been approved by their line manager before they take their leave. If an employee takes a period of annual

leave without prior approval then the organisation will consider that the employee has taken unauthorised absence and this may be unpaid and could lead to disciplinary action.

Employees should not commit themselves to any holiday plans until they have received approval from their line manager that their annual leave request has been granted.

All requests for annual leave should be made through the ESR Self-service Portal, the E-rostering system, or alternative system, if ESR and/or E-rostering systems are not available.

As a minimum the request for leave must be made giving at least six weeks’ notice and in accordance with any locally agreed procedures. Managers have the discretion to grant leave with less notice depending on the needs of the service.

The manager must consider the application, taking into consideration the needs of the service and the Annual Leave must be authorised on the appropriate electronic system, indicating that the leave has been authorised. If the manager cannot authorise the leave, the reasons for refusal should be communicated to the individual and included on the form.

In the event of a dispute regarding an annual leave request, the employee should pursue this through the Provide Grievance Procedure (HRPOL15).

12.Bank Holidays

There are traditionally8 Bank Holidays that fall between 1st April and 31st March* and these are

• New Year’s Day

• Good Friday

• Easter Monday

• May Day

• Spring Bank Holiday

• August Bank Holiday

• Christmas Day

• Boxing Day

• Please note that there may be some years when as many as 10 or as few as 6 bank holidays fall within the leave year because Good Friday and Easter Monday may fall in March rather than April. It is also noted that additional Bank Holidays may also be announced. An employee’s bank holiday entitlement would therefore be increased or reduced accordingly.

In addition to annual leave entitlement, employees are entitled to the above mentioned 8 Bank Holidays per annum. In the case of part time colleagues this entitlement is pro rata from the full-time allowance of 8 days and proportional to the number of basic contracted hours worked per week. Please see Ready Reckoner 2 in Appendix 5 for Bank Holiday Entitlements.

13.Calculating Annual Leave and Bank Holiday entitlements

The Ready Reckoners in Appendix 4 and Appendix 5 show the total amount of annual leave and bank holiday entitlements that an employee has based on their length of service and contractual hours.

An employee will have an annual leave and bank holiday entitlement and these will be added together and expressed on ESR Self Service, where appropriate as Leave Entitlement. An employee can submit a request for annual leave to their line manager in line with departmental procedures, using the appropriate electronic system.

14.Booking Bank Holidays

Employees should book bank holidays like they would their ordinary annual leave subject to the following conditions:

• If an individual works in an area that is closed on a bank holiday and the bank holiday falls on a day that they would normally work, they would book the number of hours they would normally work on that day from their total entitlement. Where operationally possible and subject to mutual agreement, the employee may change their days of work and therefore retain their leave entitlement in respect of the Bank Holiday. This retained leave can then be taken off at another time.

• If an individual works in an area that is closed on a bank holiday and it falls on a day that they would not normally work, they would not be expected to book any hours as it is a non-working day.

• If an individual works in an area that is open on a bank holiday and they are rostered to work on that day but they have made an agreed request to have a day’s holiday on that day, they would book the day off in the usual way, and take the hours from their total leave entitlement.

• If an individual works in an area that is open on a bank holiday and they are not rostered to work on that day, they would make no adjustments to their entitlement.

• If an individual with no set hours of work per day still works their normal contracted hours on a week with a bank holiday they would make no adjustments to their entitlement.

• If an individual with no set hours of work per day works less than their normal contracted hours on a week with a bank holiday they would book the hours that they have had off work on the bank holiday (the contracted hours per week minus the actual hours worked that week).

15.Calculation of Annual Leave and Bank Holiday entitlement for new starters

The Ready Reckoners should be used to calculate entitlements for colleagues commencing at the start of a leave year.

If a new employee commences part way through the leave year, the entitlement will need to be pro-rata according to their starting date. This is calculated on the basis of the number of complete months between the start date and the end of the leave year plus the number of odd days worked in the month of start. For example, someone starting on 10th December would be entitled three full month’s entitlement (for January,

February and March) plus 22/31st of one month’s entitlement for December (31 days in December, minus 9 days not worked).

With effect from the start of the following leave year, the colleagues would be entitled to a full year’s entitlement.

A worked example is provided in Appendix 1.

16.Calculation of Annual Leave and Bank Holiday entitlement following changes in contracted hours and/or increase in length of service

Where colleagues change their contracted hours or pass through a length of service barrier part way through the leave year, their annual leave entitlement will need to be recalculated for the period of time remaining in the current leave year, as per the table below:

Change Date Annual Leave re-calculated from:

Between 1st & 7th of the month 1st of month (i.e. in the month of change, the full months’ leave will be calculated based on the new hours)

Between 8th & 24th of the month 15th of month (i.e. in the month of change, half a month’s leave will be calculated based on the new hours and half on the old hours)

Between 25th & 31st of the month 1st of the following month (i.e. the leave entitlement for the change month will be based on the old hours)

A worked example is provided in Appendix 1.

17.Calculation of Annual Leave and Bank Holiday entitlement on leaving

Colleagues who leave the organisation will receive the appropriate proportion of their annual leave and bank holiday entitlement for the period of time worked in the current leave year.

For annual leave, this is calculated using the number of complete months worked, plus the odd days worked in the month of leaving, less any annual leave taken.

For bank holidays, this is calculated using the number of bank holidays that have occurred from 1st April to the leaving date and deducting any hours that were taken as a bank holiday.

Payment will be made for period of time worked in the year LESS any annual leave already taken.

Where total leave taken exceeds the earned total leave entitlement an appropriate deduction will be made from final monies.

18.Calculation of Annual Leave and Bank Holiday entitlement following maternity leave

All employees accrue contractual annual leave during periods of maternity leave, in accordance with Provide Parental Leave Policy & Procedure (HRPOL41).

Appendix 1: Example Annual Leave Calculations

New Starters

The Ready Reckoner in Appendix 4 should be used to calculate entitlements for colleagues commencing at the start of a leave year. If a new employee commences part way through the leave year, the calculation process used in the following process should be used:

Step 1 – Take the yearly entitlement from Ready Reckoner 1 using the correct length of service and number of hours worked per week. Divide this amount by 12 to get the amount of annual leave accrued each month.

Step 2 – Multiply the figure from Step 1 by the number of complete months in the period between the new employee’s start date and the end of the leave year

Step 3 – Take the annual leave for one month (calculated in Step 1) and divide by the number of days in the month of starting (e.g. 31 for December, 30 for November etc).

Step 4 – Multiply this figure by the number of days worked in the first month of employment.

Step 5 – Add the figures from Step 2 and Step 4 together and round to the nearest half hour to get the entitlement from the employee’s start date to the end of the current leave year.

Step 6 – For the next full leave year, the new employees’ entitlement will be as per Ready Reckoner 1.

Step 7 - Calculate the bank holiday entitlement on commencement by using Ready Reckoner 2 and multiplying the number of hours for each bank holiday (based on the basic weekly contracted hours) by the number of bank holidays that will occur between the employee’s start date and 31st March.

Step 8 - For the full year of bank holiday entitlement multiply the entitlement for each bank holiday (based on the basic weekly contracted hours) by 8, which is the number of public holidays that normally occur between 1st April to 31st March.

Example:

George Jones commenced 17th October on 25 hours per week with no long service, working Monday to Friday.

Annual Leave calculation:

Take his yearly annual leave entitlement from Ready Reckoner 1 based on 25 hours per week (135 hours) and divide by 12 to get the entitlement accrued each month:

135 ÷ 12 = 11.25 hours

Multiply by 5 (because he will work 5 complete months in the period 17th October to 31st March (Nov/Dec/Jan/Feb/Mar):

11.25 hours x 5 months = 56.25 hours

Take the entitlement for one month (11.25 hours) and divide by the number of days in the month of starting (to calculate the entitlement for the first month of service):

11.25 hours ÷ 31 = 0.36 hours

Multiply by the number of days worked in the month of starting (from 17th to 31st = 15):

0.36 x 15 = 5.4 hours

Add the two amounts together to get George’s complete entitlement:

56.25 + 5.4 = 61.65 hours

Round up to the nearest half hour: 62 hours

George’s annual leave entitlement from his start date to the end of the leave year is 62 hours

In a full year, his annual leave entitlement will be as per the Ready Reckoner 1 (135 hours).

Bank Holiday calculation:

George Jones commenced employment on 17th October.

On reviewing Ready Reckoner 2 he is entitled to 5 hours per bank holiday as he works 25 hours per week.

There are 3 bank holidays between 17th October and 31st March and therefore his entitlement on commencement is: 15 hours

George Jones’ bank holiday entitlement for a full year entitlement is 40 hours (8 x 5 hrs)

Total Leave Entitlement for George Jones (17th October to 31st March):

62 hours + 15 hours = 77 hours

Changes to an employee’s hours part way through the year

The calculation method in the example below should be used when an employee changes working hours or has a change to their entitlement (e.g. they pass through a new length of service barrier) part way through a leave year.

When an employee amends their hours part way through a year, their Bank Holiday entitlement will also need amending.

Step 1 – Take the yearly entitlement from Ready Reckoner 1 based on the current hours/length of service and divide this amount by 12 to get the amount of annual leave per month.

Step 2 – Multiply the figure from Step 1 by the number of months in the leave year worked at the current hours/length of service (use the information in section 14 to establish if part months are included)

Step 3 – Take the yearly entitlement from Ready Reckoner 1 based on the new hours/length of service and divide this amount by 12 to get the new amount of annual leave per month.

Step 4 – Multiply the figure from Step 3 by the number of months in the leave year worked at the new hours/length of service (use the information in section 13 to establish if part months are included).

Step 5 – Add the two amounts together and round up to the nearest half hour to get the revised annual leave entitlement for the year of change.

Step 6 - To amend the employee’s bank holiday entitlement, refer to Ready Reckoner 2 to understand the entitlement for each bank holiday based on their existing hours and multiply this by the number of bank holidays that have occurred from 1st April to the date of change.

Step 7 - Refer to Ready Reckoner 2 to understand the entitlement for each bank holiday based on their new hours and multiply this by the number of bank holidays that have occurred from the date of change to 31st March.

Step 8 - Add the two amounts together and round up to the nearest half hour to get the revised bank holiday entitlement of the year of change.

Example:

Julie Brown (who has 10 years’ service) changed her hours from 37½ to 25 hours per week on 10th June.

Annual Leave calculation:

Take her yearly entitlement from Ready Reckoner 1 based on 37½ hours per week and divide by 12 months:

247.5 ÷ 12 = 20.63 hours per month

Multiply by 2½ (for 2½ months in the period 1st April to 10th June):

20.63 hours x 2.5 months = 51.56 hours

Take her yearly entitlement from Ready Reckoner 1 based on 25 hours per week and divide by 12 months:

165 hrs ÷ 12 months = 13.75 hours per month

Multiply by 9½ (for 9½ months in the period 11th June to 31st March):

13.75 hrs x 9.5 months = 130.63 hours

Add the two figures together to get the total annual leave entitlement for the year of change (1st April to 31st March):

51.56 + 130.63 = 182.19

Round this figure up to the nearest half hour: 182.5 hours

Bank Holiday calculation:

On reviewing Ready Reckoner 2, Julie is entitled to 7.5 hours per bank holiday as she works 37.5 hours per week. There are 4 bank holidays from 1st April to 10th June:

4 x 7.5 hours = 30 hours

From 10th June, Julie is reducing her working hours from 37.5 to 25 per week. Using Ready Reckoner 2, Julie is entitled to 5 hours per bank holiday when working 25 hours per week. There are 4 bank holidays from 10th June to 31st March:

4 x 5 hours = 20 hours

Add the two figures together to get the total bank holiday entitlement for the year of change (1st April to 31st March): 30 hours + 20 hours = 50 hours

Total Leave Entitlement for the year of change: 182.5 hours + 50 hours = 232.5 hours

Leavers

The calculation method in the example below should be used when an employee leaves the organisation part way through a leave year.

Step 1 - Take the yearly entitlement from Ready Reckoner 1 based on the correct hours and length of service and divide this amount by 12 to get the amount of annual leave accrued per month.

Step 2 - Multiply the figure from Step 1 by the number of complete months worked in the current leave year.

Step 3 - Take the annual leave for one month (calculated in Step 1) and divide by the number of days in the month of leaving (e.g. 31 for December, 30 for November etc).

Step 4 - Multiply this figure by the number of days worked in the final month of employment.

Step 5 - Add the figures from Step 2 and Step 4 together with any annual leave carried over from the previous leave year and round to the nearest half hour.

Step 6 - Using Ready Reckoner 2, find the entitlement for each bank holiday based on the employee’s weekly basic contracted hours and multiply this figure by the number of bank holiday that have occurred from 1st April to the leaving date. This figure should be added to the annual leave figure at Step 5.

Step 7 - Deduct any annual leave and bank holidays that the employee has had in the current leave year from the figure calculated in Step 6 to get the outstanding leave that the employee has to take prior to leaving/amount that has been overtaken and needs to be reclaimed.

Example:

Annual leave calculation:

Michael Brown (who has 5 years’ service) leaves on 20th December. He is full time (37½ hours per week), works Monday to Friday, has no carry over from the previous year but has already taken 105 hours annual leave.

Take his yearly entitlement from Ready Reckoner 1 and divide by 12 months: 217.5 ÷ 12 = 18.125 hours per month

Multiply by 8 (for 8 complete months of service between April and November):

18.125 hours x 8 months = 145 hours

Take the entitlement for one month (18.125 hours) and divide by the number of days in the month of leaving (to calculate the entitlement for the final month of service):

18.125 hours ÷ 31 = 0.58 hours

Multiply by the number of days worked in the month of leaving:

0.58 x 20 = 11.69 hours

Add the two amounts together to get George’s complete annual leave entitlement (no carry over to add here):

145 + 11.69 = 156.69 hours

Bank Holiday calculation:

Michael Brown works 37.5 hours per week and is therefore entitled to 7.5 hours for each bank holiday (see Ready Reckoner 2).

There have been 5 bank holidays between 1st April and 20th December and therefore his entitlement is:

5 x 7.5 hours = 37.5 hours

Add the annual leave and bank holiday entitlements together:

156.69 hours + 37.5 hours = 194.19 hours

Deduct the annual leave that Michael has taken in the year: 105 hours

Deduct the bank holidays that Michael has taken in the year: 37.5 hours

Total: 51.69 hours

Round up to the nearest half hour: 52 hours

George has 52 hours annual leave left to take before he leaves

Appendix

2:

Annual Leave for sessional workers on zero hours contracts

Introduction:

Zero hours contracts are designed to provide the Organisation with additional workers to fill a short-term or temporary requirement, such as when an employee calls in sick and there is a requirement for the shift to be filled.

A Sessional Worker is considered to be an employee of Provide for the duration of the shift or session they work. The employment begins at the start of the session and terminates when the session ends.

Annual Leave

• A sessional worker must ensure that a minimum of 28 days annual leave (pro rata) are taken within the annual leave year.

• Annual leave requests must be made to their manager with 4 weeks notice to let them know when a sessional worker is unavailable for work. The amount of annual leave a sessional worker is eligible to be paid for must be confirmed with their manager (see calculation below)

• Annual leave taken must be submitted by completing a P3 payroll form, indicating the number of hours to be paid.

• There is no provision to carry over annual leave from one year to the next.

• Entitlement to annual leave is calculated on the average hours worked over the preceding 13-week period.

Calculating Annual Leave for those on Zero Hours Contracts

Step One: How to calculate the number of hours worked in the preceding 13-week period:

Add up all hours worked in last 13 weeks and divide by 13.

E.g. 12+8+0+0+5+5+12+16+24+15+0+16+17 = 130 hours

130 hours divided by 13 week qualifying period = 10 (Average number of hours worked)

Step two: How to calculate entitlement pro rata for average hours worked

Number of hours entitlement (28 days at 7.5 hrs per day) divided by 37.5 hours multiplied by average number of hours worked

E.g. 210 hours (28 * 7.5) divided by 37.5 hours multiplied by 10 = 56 (hours entitlement for year)

Step three: How to calculate annual leave entitlement accrued over a 13-week period:

Entitlement for year divided by 52.143 weeks in a year multiplied by 13 weeks = Total Entitlement

E.g. 56 divided by 52.143 multiplied by 13 = 13.96 (round up to 14) = 14 Hours

Therefore, the amount of annual leave to be booked is 14 hours

Appendix 3: Declaration of previous NHS service form (for Annual Leave purposes)

The procedure for Annual Leave entitlement under Agenda for Change considers previous service, which does not need to be continuous, with any Organisation delivering NHS services, excluding time spent delivering Primary Care. Annual leave will be calculated based on information held on the HR database/file, which is the date of commencement with this organisation or its predecessors. Therefore, if you have any previous NHS service prior to this date, excluding time spent working in Primary Care, you should enter the dates and name of the Organisation/s in the table below, sign as correct and then return this document to hr.provide@nhs.net. Your entitlement can then be reviewed and calculated accordingly from your date of application.

Employment reference on file

IAT

Employment reference on file

IAT

Employment reference on file  IAT  Employment reference on file

Total years as reckonable

I understand that making a false declaration in respect of my previous employment could result in disciplinary action being taken. I confirm that the information on this form may be processed by Provide in computer and/or manual files and may be used for any reasons relating to my future recruitment and employment.

Signed: Print Name: _______________

Date:

HR Verification Process completed by: _________________________________________

Date completed: ____________________________________________________________

Return to employee and manager via email filed on HR File.

Appendix 4: Ready Reckoner 1

Continued on next page

Appendix 5: Ready Reckoner 2

Appendix 6: Equality Impact Assessment

EQUALITY IMPACT ASSESSMENTS: Framework and outline briefing notes

Attached is a framework, customised to Provide, and some short advisory notes on an approach on carrying out Equality Impact Assessments (EIAs) at Provide Briefings are being arranged to explore undertaking such assessments in practice, using ‘live’ and relevant case studies.

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”): Annual Leave Policy

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the annual leave entitlement for employees and the process by which this should be requested and authorised. The policy sets out the process under which managers can approve this and record leave taken.

Project/Policy Manager: HR Business Partner Date: February 2022

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group. Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”? Neutral

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with colleagues or external groups/agencies.

Positive, the policy sets out a consistent approach to be taken with all colleagues and regular reviews are scheduled.