Annual Leave and Time Off Policy - Hampshire · 2020-02-20 · Annual Leave and Time Off Policy...

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Annual Leave and Time Off Policy Policy statement Hampshire County Council respects the needs of employees to take time off from work in order to achieve a suitable work life balance. This policy outlines the types of leave available and the conditions of their use. Scope All employees employed by a Hampshire County Council department (i.e. outside of schools) on the following terms and conditions: EHCC Soulbury Teachers This policy applies to all employees on the above terms, except where specific provisions based on the terms of employment apply, in which case these are highlighted. Policy outcomes The aims of this policy are to: detail the annual leave and time off provisions available to employees provide a framework through which managers and employees can balance commitment to the needs of the Council with home-life Check which policy to use Absence on the grounds of ill health should be addressed using the Managing Sickness Absence Policy. Unauthorised absence from work should be addressed using the Managing Misconduct Policy. Queries relating to the application of flexi time should be addressed using the Flexi-Time Policy. Time off for trade unions should be managed using the Facilities Agreement.
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Transcript of Annual Leave and Time Off Policy - Hampshire · 2020-02-20 · Annual Leave and Time Off Policy...

  • Annual Leave and Time Off Policy

    Policy statement

    Hampshire County Council respects the needs of employees to take time off from work in order to achieve a suitable work life balance. This policy outlines the types of leave available and the conditions of their use.

    Scope All employees employed by a Hampshire County Council

    department (i.e. outside of schools) on the following terms and conditions:

    • EHCC

    • Soulbury

    • Teachers This policy applies to all employees on the above terms, except where specific provisions based on the terms of employment apply, in which case these are highlighted.

    Policy outcomes The aims of this policy are to:

    • detail the annual leave and time off provisions available to employees

    • provide a framework through which managers and employees can balance commitment to the needs of the Council with home-life

    Check which policy to use

    Absence on the grounds of ill health should be addressed using the Managing Sickness Absence Policy. Unauthorised absence from work should be addressed using the Managing Misconduct Policy. Queries relating to the application of flexi time should be addressed using the Flexi-Time Policy. Time off for trade unions should be managed using the Facilities Agreement.

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    Notice of all time off EHCC term 22.11

    Employees must provide as much notice as possible to line managers of requests for leave under this policy. Managers have full discretion to agree or decline annual leave requests dependant on service delivery requirements. Employees must obtain permission to be away from work in the correct way on all occasions. Instances of unauthorised absence will be addressed using the Managing Misconduct Policy.

    Recording of leave

    Employees are responsible for recording all types of leave of absence covered by this policy through ESS lite as soon as possible to ensure payroll is processed correctly. Managers are responsible for adding any additional leave quotas and using the portal to ensure the correct recording of all types of leave.

    Annual leave

    For details of the annual leave entitlements for each set of terms and conditions please refer to appendix 1. All employees, whether full time or part time, are entitled to the same pro rata full time equivalent amount of annual leave and public holidays.

    Attaining five years service

    Annual leave will be applied on a pro-rata basis during the leave year in which the employee attains 5 years of service and the new (higher) entitlement will take effect on the calendar day after the 5 year anniversary.

    Exceptions Time off for reasons not covered in this policy must be

    managed through approved annual leave, flexi leave or unpaid leave.

    Part time and flexible contract employees

    Part time and flexible contract employees will receive a pro rata entitlement to all provisions within this policy.

  • Annual Leave and Time Off Policy Page 3 of 37

    The following information on annual leave does not apply to employees on teachers terms and conditions

    Public holidays

    EHCC term 21.4 Employees will be entitled to leave on the public holidays which fall within each annual leave year i.e. April – March, pro rata for part time staff. There are normally 8 public holidays within the period April – March, however, this is subject to change, usually due to the timing of the Easter holiday period.

    Service relevant for purposes of calculating annual leave

    EHCC term 21.5

    All service with employers covered by the Local Government Modification Order counts toward an employee’s annual leave entitlement. Service does not have to be continuous.

    The Council’s right to prescribe when annual leave is taken

    EHCC term 21.6

    Two days of the annual leave entitlement may be prescribed by the Council, department or local work area for operational reasons and employees will be required to take annual leave on these days. Employees and trade unions will be notified in advance of the start of the leave year in such cases.

    Annual leave entitlement in first and final years of service

    EHCC term 21.7

    Full time and part time employees contracted to work 52 weeks a year will be entitled to have their annual leave entitlement calculated on a pro-rata basis during their first and final years of employment to reflect both the hours and number of complete weeks worked in the year. If employees have taken more annual leave than their pro rata entitlement in the final year of their employment the appropriate deduction will be made to their final salary payment. In circumstances where part time employees do not work the same number of hours each day of the normal working week the calculation will be based on their actual hours of work and their pattern of work.

    Employees on term time only contracts who leave part way through the year are not entitled to a recalculation of their salary/annual leave.

  • Annual Leave and Time Off Policy Page 4 of 37

    Annual leave entitlement – part time employees

    EHCC term 21.9

    Part-time employees will receive a pro rata entitlement for all public holidays. The entitlement will be calculated in hours.

    Annual leave entitlement for employees who work term time only/ less than 52 weeks a year

    EHCC term 21.10

    Term time only employees - the salary for employees who work term time only will be calculated to include a working period that includes all sessions when schools are open and children are in attendance, any additional days as specified in their statement of employment particulars and an additional number of weeks to recognise their pro rata entitlement to annual leave and public holidays. Effectively, this means that some of their non-working weeks per year will be paid and take into account payment for both annual and public holiday leave. The remaining non-working weeks per year are unpaid. For employees who work less than 52 weeks a year, the table in appendix 2 sets out the number of paid weeks according to the equivalent full time annual leave and public holiday entitlements. Payment for a full year of employment will be made in twelve equal monthly instalments. Less than 52 week employees - the salary for employees who work less than 52 weeks a year, who are not employed on a term time only contract, will be calculated to include their working period and an additional number of weeks to recognise their pro rata entitlement to annual leave and public holidays. Effectively, some periods of their paid weeks per year will be taken as paid annual leave, and all of their non-working weeks per year will be unpaid. Payment for a full year of employment will be made in twelve equal monthly instalments.

    Booking and taking of annual leave

    EHCC term 21.11

    Employees are expected to request annual leave by using ESS lite. Their request must provide the dates on which they wish to take leave and give reasonable notice (what constitutes reasonable notice can be agreed locally by management to support delivery of service requirements).

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    Full and part time employees are required to request annual leave in hours. The minimum leave request is half an hour. The manager may require the employee to take annual leave during their notice period. The manager must provide the employee with notice equal to twice the length of annual leave to be taken. All annual leave requests are submitted to the employee’s manager for approval. The manager can refuse to allow requests for annual leave where it will cause operational difficulties.

    Carry forward of annual leave

    EHCC term 21.12

    Annual leave entitlement must be taken in the leave year to which it relates. Any leave outstanding at the end of the leave year will be lost, except in the following circumstance. Where operational requirements make it impossible for an employee to take their full annual leave entitlement, an appropriate line manager nominated by a senior manager may authorise the employee to carry a maximum of 5 days forward into the next leave year. These days must be taken by the end of May in the new leave year or will be lost.

    In addition, the outcomes of recent employment case law mean that the Council must manage annual leave during sickness absence and family friendly absence as follows:

    • where an employee has been off sick for all or part of the leave year and has been unable to use their contractual annual leave entitlement before the end of the leave year, they are entitled to carry remaining annual leave forward into the next leave year. This provision is subject to a number of restrictions and managers should refer to the full guidance

    • where an employee is absent due to maternity, paternity, adoption or shared parental leave and the period of leave spans more than one annual leave year, they are entitled to their full annual leave entitlement in each year. This provision is subject to a number of restrictions and managers should refer to the full guidance

    http://intranet.hants.gov.uk/hr/subjectguide/hr-accrual_annual_leave.htmhttp://intranet.hants.gov.uk/hr/subjectguide/hr-accrual_annual_leave.htm

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    Special cases – suspension

    EHCC term 21.12

    Suspension due to disciplinary proceedings should be reviewed as a special case. During suspension from work the employee is responsible for managing their annual leave and must discuss any request for time off with their line manager. Once approved they must record their leave using ESS lite. The request will be approved where it does not cause delay to processes under the Managing Misconduct Policy. The manager can reasonably request that annual leave is taken during a period of suspension. The employee will not be contacted during a period of annual leave whilst suspended. There is no right to carry forward annual leave not taken within an annual leave year where this is due to suspension from work.

    Special cases – secondments

    During a secondment to the same or higher grade, annual leave entitlements are in accordance with the secondment grade for the duration of the secondment. During a secondment to a lower grade, annual leave entitlement for the substantive post is retained. This is in accordance with the Salary Policy.

    Payment in lieu of annual leave

    EHCC term 21.13

    Payment will not be made in lieu of any annual leave that is not taken by the end of the leave year. In exceptional circumstances (i.e. where a manager determines that annual leave cannot be taken during an employee’s notice period for operational reasons), payment in lieu of any annual leave not taken on termination of employment will be made at flat rate. If an employee leaves the Council and prior to this has been off sick and has not had the opportunity to use their contractual annual leave entitlement, a payment in lieu of the contractual leave will be made to the employee.

    Sickness while on annual leave

    EHCC term 21.14

    Annual leave entitlement will be reinstated where an employee is sick during a period of annual leave. The employee must provide a Statement of Fitness for Work certificate. An employee who falls sick during the course of their leave shall be regarded as being on sick leave from the date of the Statement of Fitness for Work certificate.

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    Any reinstated leave must normally be taken by the end of the leave year. However, if there are insufficient days in the leave year to take the reinstated leave, and provided that the employee has not already exhausted their entitlement to contractual annual leave in that year, it may be carried forward into the next leave year.

    The following information on time off applies to all employees within scope of this policy

    Compassionate leave Definition

    EHCC term 22.2

    The purpose of compassionate leave is to offer immediate paid time off to employees to support them at the time of the death or serious illness of a close relative. A close relative is a parent, child, sibling, grandparent or spouse/partner. This may also apply to relatives 'in law'. This is also known as bereavement leave.

    Eligibility criteria

    All employees are eligible to request this type of leave if the definition is met. There is no length of service requirement.

    Entitlement The Council provides up to 5 working days paid leave for each occasion of compassionate leave at the discretion of the manager.

    Additional compassionate leave provision

    Up to 10 working days paid leave can be provided in one occurrence at the discretion of the Head of Service. This can be extended to 28 working days paid leave in exceptional circumstances. If further compassionate leave is needed, the employee may request annual leave, flexi leave or unpaid leave which must be approved by the manager. Where more than one episode of compassionate leave is needed in one year, each instance should be treated individually according to the circumstances.

    Provision arrangements The employee must contact their manager as soon as possible to discuss their request for compassionate leave. Once approved, the employee is responsible for recording this leave using ESS lite.

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    Associated sickness absence

    Where an employee is sick as a result of bereavement or the serious illness of a close relative, and that sickness triggers a discussion under the managing sickness absence policy, the circumstances of any such absence should be taken into account and treated reasonably in terms of that person’s overall attendance record and performance.

    Time off for dependants Definition

    EHCC term 22.7

    The purpose of time off for dependants is a short period of unpaid leave to allow an employee to deal with an emergency involving a close relative or those dependent upon the employee to enable them to take necessary immediate action and make longer term care arrangements. A dependant is the spouse, child or parent of the employee, or someone who lives with the employee in the same household as part of the family, such as a partner or elderly relative or in certain circumstances someone who reasonably relies on the employee for assistance.

    Eligibility criteria All employees are eligible to request this type of leave if the definition is met. There is no length of service requirement.

    Entitlement

    The Council provides unpaid leave for time off for dependants for a short term period at the discretion of the manager.

    Provision arrangements The employee must contact their manager as soon as possible to discuss their request for time off for dependants. Once approved, the employee is responsible for recording this leave using ESS lite.

    Time off for public duties Definition

    EHCC term 22.8

    Time off for public duties enables an employee to function as:

    • a Justice of the peace

    • a governor of an education establishment maintained by a local authority

    • a member of a sixth form, further or higher education college corporation

    • a member of a local or health authority

  • Annual Leave and Time Off Policy Page 9 of 37

    • a member of a statutory tribunal

    • a member of a housing association board of management

    • a volunteer advocate for a young person, for whom the Council is acting as a corporate parent

    • a member of a body appointed by central Government

    • a special constable

    Eligibility criteria All employees in a public duties role are eligible to request this type of leave. There is no length of service requirement.

    Entitlement A Senior Manager may authorise paid time off up to a maximum of 18 working days per year to enable an employee to undertake public duties. Additional unpaid leave may be granted by a Senior Manager if appropriate.

    Provision arrangements The employee must discuss with their manager their intention to serve in one of the above roles. They must also contact their manager as soon as possible to discuss a specific time off for public duties request. Once approved, the employee is responsible for recording this leave using ESS lite.

    Time off for public duties – witness

    The employee will be granted time off to attend court if they are a victim of crime or a witness called by the Court.

    Eligibility criteria Employees must have been formally notified by a court that they are required to act as a witness.

    Entitlement Employees will receive their normal pay whilst at court less the daily rate they receive for loss of earnings from the court. An employee must declare the daily rate received to ensure no overpayment is made to them. Any allowances the employee receives for travelling or subsistence will not be deducted from pay.

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    Provision arrangements Employees must claim all appropriate allowances from the court. The employee receives a ‘certificate of loss of earnings or benefits’ form from the court which they must give to their manager. The manager must part complete the form and send to the Integrated Business Centre (IBC) to enable the IBC to complete the ‘certificate of loss of earnings or benefit’ form, a cover letter and a ‘certificate of attendance’ form. The court will sign the ‘certificate of attendance’ to confirm the amount the employee will receive for loss of earnings at the end of the jury service. The employee must return this form to the IBC for processing. The employee is responsible for recording this leave using ESS lite. The leave must accurately reflect the time spent serving as a witness, recording any part days as appropriate.

    Jury Service Definition EHCC term 22.8

    Jury service is the process of a person acting as a juror in legal proceedings.

    Eligibility criteria Employees who are notified by a court that they are required to act as a juror must be allowed time off to do so. The Council can ask the employee to defer jury service once if the employee’s absence will have a serious effect on service delivery.

    Entitlement Employees will receive their normal pay whilst on jury service less the daily rate they receive for loss of earnings from the court. An employee must declare the daily rate received to ensure no overpayment is made to them. Any allowances the employee receives for travelling or subsistence will not be deducted from pay.

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    Provision arrangements Employees must claim all appropriate allowances from the court. The employee receives a ‘certificate of loss of earnings or benefits’ form from the court which they must give to their manager. The manager must part complete the form and send to the Integrated Business Centre (IBC) to enable the IBC to complete the ‘certificate of loss of earnings or benefit’ form, a cover letter and a ‘certificate of attendance’ form. The court will sign the ‘certificate of attendance’ to confirm the amount the employee will receive for loss of earnings at the end of the jury service. The employee must return this form to the IBC for processing. The employee is responsible for recording this leave using ESS lite. The leave must accurately reflect the time spent serving as a juror, recording any part days as appropriate.

    Time off for political purposes

    A Senior Manager will authorise unpaid time off, from the date of the proclamation of the dissolution of Parliament to the day following the declaration of the result, to an employee who stands as a candidate, or who acts as an agent in a parliamentary election who is not in a . politically restricted post

    Time off to attend an interview Entitlement

    EHCC term 22.9

    Paid time off will be granted to attend an interview for a vacancy within Hampshire County Council.

    Annual leave, flexi leave or unpaid leave must be used to attend an interview with other Local Authorities and organisations. All such requests must be authorised in advance by the manager.

    Time off for redundant employees Entitlement

    EHCC term 22.10

    Employees whilst under notice of redundancy will be allowed reasonable paid time off to look for another job or arrange training outside the Council.

    http://intranet.hants.gov.uk/hr/subjectguide/hrguide_porps.htmhttps://extra.hants.gov.uk/employee/policy-guidance/my-role/restricted-postshttps://extra.hants.gov.uk/employee/policy-guidance/my-role/restricted-posts

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    Time off for health appointments Entitlement

    There is no right to paid time off to attend planned doctors, dentist or hospital appointments. It is expected that employees make appointments outside of working time or at the beginning or end of the shift/ working day to minimise operational disruption. Approval to attend such appointments must be provided by the line manager. Appointments with the Council’s Health and Wellbeing service will be accommodated during work time, wherever possible. Managers may request an appointment is rearranged if this does not have a detrimental impact on the wellbeing of the employee Disabled employees may have a right to paid time off for health/ medical appointments where this is an agreed ‘reasonable adjustment’. Pregnant employees are entitled to paid time off to attend ante-natal care appointments made on the advice of a registered medical practitioner, registered midwife or registered health visitor, to attend a clinic, hospital, doctor’s surgery or health centre. This entitlement applies irrespective of length of service or number of hours worked per week. Employees are expected to advise their line manager as far ahead as possible of appointments. The partner of a pregnant woman is entitled to take unpaid time off to attend up to 2 ante-natal care appointments. A primary adopter has an entitlement to paid time off to attend up to 5 pre-adoption appointments. A secondary adopter has an entitlement to take unpaid time off work to accompany the primary adopter to up to 2 pre-adoption appointments.

    Provision arrangements Employees must provide their line manager with notice of all health appointments, supported by written evidence when requested. All requests are subject to the agreement of the line manager. Where the employee is entitled to paid time off for a health appointment, they must record this as a medical appointment (code 1110) using ESS lite.

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    Where the employee is not entitled to paid time off for a health appointment, they must record this either as unpaid leave using ESS lite or on their flexi sheet.

    Unpaid leave Definition

    Unpaid leave is a short period of leave that is granted to the employee on an unpaid basis.

    Eligibility criteria All employees are eligible to request this type of leave. There is no length of service requirement.

    Entitlement A period of unpaid leave applies for up to a maximum of three months at the managers’ discretion. There are pension implications related to periods of unpaid leave. Queries should be directed to the appropriate Pension Scheme provider.

    Provision arrangements The employee must contact their manager as soon as possible to discuss their request for unpaid leave. Requests will be considered by the line manager. Foster carers may be granted up to 5 days unpaid leave per year for fostering duties. With the exception of foster care, it is expected that annual leave and flexi leave will be used before unpaid leave is requested. Once approved, the employee is responsible for recording this leave using ESS lite.

    Right to Request Time off to train

    Legal status

    Employees have the right to request time off from work to undertake study or training that improves their effectiveness at work and the performance of the employer’s business.

    Eligibility criteria

    All employees are eligible to request this type of leave once 26 week’s continuous service is attained.

    Entitlement The legislation places no limits on the length of any study or training undertaken. There is no obligation for the employee to be paid for this time off.

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    Provision arrangements The employee must contact their manager as soon as

    possible to discuss their request for time off to train. Once approved, the employee is responsible for recording this leave using ESS lite.

    Time off for Study and examination leave Eligibility

    All employees are eligible to request study and examination leave where the study is supported by the Council and is relevant to the employee’s role. All employees who are approved by the Hampshire Fostering Service, or any agency recognised by the Hampshire Fostering Service, are eligible to request study and assessment leave where the study is for training or continuous development relating to foster care. The employee must have more than one year’s service except:

    • where they are employed as an Apprentice, in which case there is no length of service requirement

    • where they are, or are training to be, a foster carer, in which case there is no length of service requirement

    All study leave must be agreed in advance with the line manager.

    Entitlement – study leave for work related to employee’s role

    Employees may be granted study leave of one day per subject/ examination paper to the maximum as follows, subject to prior agreement with the line manager:

    • final stages of professional qualification– 5 days leave

    • intermediate/ other stages of professional qualification – 3 days leave

    Employees undertaking study assessed on a continual basis will be granted leave to complete assignments on the following basis, subject to prior agreement with the manager: BTEC qualification: First – 1 day per term National first year– 1 day per term National final year– 1 day per term Higher national first year– 1 day per term

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    Higher national final year– 1 day in term 1, 2 days in terms 2 & 3 Professional qualification: First stage – 1 day per term Second or final stage – 1 day per term National vocational qualification: Level 2, 3, 4 and 5 – 1 hour per week

    Entitlement – study leave related to foster care

    Eligible employees may be granted study leave for training and continuous development required or recommended by Hampshire Fostering Services, subject to prior agreement with the line manager

    • up to 5 days paid leave per annum

    • up to 5 days unpaid leave (unpaid leave may be used for training and continuous development or other fostering related duties.

    Entitlement – examination leave

    Time off will be granted for examinations taken as a result of correspondence, evening or day release courses which have been approved in advance by the manager.

    Provision arrangements The employee must contact their manager as soon as possible to discuss their request for study leave. Once approved, the employee is responsible for recording this leave using ESS lite.

    Advocacy for children in, or on the edge of, care Entitlement

    An employee must discuss this volunteer role with their manager to obtain agreement. It is expected that a combination of annual leave, flexi time and unpaid leave is used.

    Special Constables Definition

    The Special Constabulary is the part-time, volunteer section of a statutory police force. Its officers are known as Special Constables and have identical powers to regular police officers.

    Eligibility criteria The nature of some occupations may make the employee unsuitable for volunteering as a special constable, i.e. where there is a significant potential for employees to abuse their powers and privileges as a special constable,

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    either on or off duty and/or where the role of special constable would afford that person more power than was intended for the role they hold in their employment. Within the Council, the following roles are not eligible to become Special constables:

    • school crossing patrols

    • neighbourhood and street wardens

    • other uniformed patrol wardens Employees who are in the Volunteer reserve forces (e.g. Royal Naval Reserve, Royal Marines Reserve, Territorial Army, Royal Auxiliary Air Force) are eligible to be appointed as Special constables, however their reserve commitments take precedence over their special constabulary duty.

    Entitlement Time off to serve as a Special constable will be treated in the same way as time off for a public duty as detailed above.

    Provision arrangements Special constables must have signed Hampshire Constabulary’s conflict of interest understanding for Special constables’ form. Employees must record their time off in the same way as time off for public duties.

    Religious festivals Definition

    A religious festival is a time of special importance marked by adherents to that religion. Religious festivals are commonly celebrated on recurring cycles in a calendar year.

    Entitlement Annual leave, flexi time or unpaid leave can be requested in order to observe a religious festival.

    Provision arrangements Employees must discuss their requirements with their line

    manager at the beginning of the annual leave year and record their leave using ESS lite

    Fertility treatment Definition

    Fertility treatment is the application of various methods or procedures to a woman or man to increase the chances of conceiving a baby.

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    Eligibility criteria All employees are eligible to request leave for this reason. There is no length of service requirement.

    Entitlement A reasonable amount of unpaid leave will be granted for an employee to undergo fertility treatment. Alternatively, employees may prefer to take annual leave or flexi time for this purpose.

    Provision arrangements An employee who wishes to take time off work for fertility treatment must:

    • inform their line manager once their plans to undergo fertility treatment have been confirmed

    • provide evidence (e.g. an appointment letter) for each occasion on which time off is requested

    • where possible appointments should be requested to ensure minimal impact on service delivery requirements

    The employee must contact their manager as soon as possible to discuss their request for time off for fertility treatment. Once approved, the employee is responsible for recording this leave using ESS lite.

    Adverse weather and severe and widespread travel disruption Adverse weather definition

    Adverse weather is defined as extreme weather conditions which make travel to and from work very difficult and pose a health and safety risk. Examples are;

    • severe storms

    • hurricane

    • heavy snow

    • ice

    • flooding

    Severe and widespread travel disruption definition

    Severe and widespread travel disruption is defined as major accidents/ incidents, unplanned road or motorway closures or cancellation or unplanned disruption to public transport services which make it very difficult for employees to attend their normal place of work during working hours or to return home after working hours.

    Eligibility criteria All affected employees are eligible to request leave for this reason. There is no length of service requirement.

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    Provision arrangements Managers of front line services are responsible for ensuring all essential services are maintained. Managers must make reasonable arrangements to ensure employees are able to leave work at a time that is appropriate for their safety.

    Employees who can safely reach their place of work are expected to do so.

    Employees who are unable to reach their normal place of work and have no safe alternative, should work at home or from a Hampshire County Council office or work base near to their home. Employees must provide their line manager with a contact telephone number or email address and remain contactable during working hours.

    Employees who are unable to get to work, or to work from home or another work place will be required to use flexi leave, annual leave or unpaid leave to be agreed with the line manager. The employee must contact their manager as soon as possible to discuss their request for time off due to adverse weather. Once approved, the employee is responsible for recording their leave using ESS lite.

    Industrial action Definition

    Industrial action refers collectively to any measure organised by trade unions, such as a strike action or work to rule, to protest against working conditions, redundancies, etc and is intended to reduce productivity in the workplace.

    Entitlement/ Deduction from pay

    Employees who participate in strike action will have their pay reduced as follows:

    • EHCC employees where normal pay (i.e. excluding overtime and allowances) does not vary according to the number of hours worked a deduction will be made of one fifth of a weeks’ pay for each day that the employee is on strike (the deduction will be per day of strike action for full time employees and pro rata for part time employees -1/260th of a year’s pay)

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    • EHCC employees where normal pay (excluding overtime and allowances) varies according to the number of hours worked then no payment will be made for the hours during which the employee is on strike

    • teachers a deduction will be made calculated as 1/365 of annual salary for each day the employee is on strike, in accordance with the Conditions of Service of School Teachers in England and Wales (“the Burgundy Book”).

    Deductions from pay will be made as soon as possible after the date of action. The deductions will not be spread over more than one wage or salary run.

    Provision arrangements Managers must ask all employees if they intend to take strike action in order to assess the impact and to plan for cover of essential services. Managers must raise any service or business continuity concerns with their line manager. Managers will not agree any requests for other forms of leave on the day(s) of industrial action unless authorisation was given prior to the notification of the ballots. During industrial action, employees who are not on strike are expected to report for work in the normal way. Employees who do not report for work and have not advised their manager of an alternative reason for being absent will be considered as being on strike. If an employee is absent from work due to sickness before strike action commences, they will be considered as sick on the day of industrial action and retain their entitlement to statutory and contractual sick pay. Managers must request a Statement of Fitness for Work from any employee who is absent on the day of industrial action who claims this is due to sickness. The employee is responsible for recording this leave using ESS lite, leave type ‘Industrial Action non Teachers’, as soon as possible.

  • Annual Leave and Time Off Policy Page 20 of 37

    Volunteering at or observing a major sporting or other special event Definition

    A major sporting event is an event hosting multiple sports or held at multiple venues with high standards of competition, international significance and media coverage. Such events take place over several days or weeks and include events such as the Football World Cup, the Olympic Games, Wimbledon or equivalent. Other special events may include a wedding or funeral of national significance.

    Eligibility Criteria All employees are eligible to request this type of leave. There is no length of service requirement.

    Entitlement Annual leave, flexi time or unpaid leave can be requested in order to volunteer at or observe a major sporting or other special event. A maximum of 2 weeks unpaid leave can be requested to volunteer for this purpose.

    Provision arrangements Volunteering Time off can be requested for the volunteer application process, relevant volunteer training, undertaking volunteering duties and travel in connection with the major sporting or other special event. The employee must provide the manager with evidence of volunteering acceptance and commitments. The Council will not contribute towards travel expenses incurred whilst volunteering. Observing Time off can be requested to observe the major sporting or other special event. All requests are submitted to the employee’s manager for approval. The manager can refuse to allow requests for leave where it will cause operational difficulties. If approved, the employee is responsible for recording this leave using ESS lite.

  • Annual Leave and Time Off Policy Page 21 of 37

    Key definitions Full time employees are defined as employees who are contracted to work for 52 weeks a year and 37 hours per week. Part time employees are defined as employees who are contracted to work either;

    • 52 weeks a year but less than 37 hours a week, or

    • less than 52 weeks a year, regardless of how many hours worked per week

    Flexible contract employees are defined as employees who work flexible working patterns/ contract types such as 9 day fortnight and annualised hour’s contracts.

    Term time only (operational requirement) – the employee’s working pattern is less than 52 weeks per year and is defined by their place of work and operational requirements, e.g. dictated by school term dates. The working period includes all sessions when schools are open and children are in attendance. Annual leave can only be taken during school holidays. Term time only (elected) - the employee has elected to work less than 52 weeks per year to fulfil lifestyle requirements. The working period includes all sessions when schools are open and children are in attendance. Annual leave can only be taken during school holidays. Less than 52 weeks (elected) - the employee has elected to work less than 52 weeks per year to fulfil lifestyle requirements. Annual leave can be taken at any point throughout the year. Local government modification order - under the Employment Rights Act 1996, an employee can count service with an 'associated employer' who is under the modification order towards certain service requirements.

    Local government notional service - cumulative length of service worked out by adding together the previous length(s) of service (doesn’t have to be continuous) within local government.

    http://www.google.co.uk/#output=search&sclient=psy-ab&q=local%20government%20modification%20order&oq=&gs_l=&pbx=1&bav=on.2,or.r_qf.&bvm=bv.48705608,d.d2k&fp=6deb71f053bc1685&biw=1024&bih=616&pf=p&pdl=300&safe=active

  • Annual Leave and Time Off Policy Page 22 of 37

    Related documents

    To help with the application of this policy it may be useful to read the following:

    • Maternity Policy

    • Paternity Policy

    • Adoption Policy

    • Other Family Friendly Leave Policy

    • Shared Parental Leave Policy

    • Managing Sickness Absence Policy

    • Reasonable Adjustments Policy

    • Managing Misconduct Policy

    • Salary Policy

    • IT acceptable use policy (for observing events via the Internet at work)

    • Facilities Agreement

    • Pension services

    • Local Government modification order

    • Annual leave calculator

    • ESS SAP learning zone

    • MSS SAP learning zone

    • Hampshire Constabulary conflict of interest understanding for Special Constables form

    Support

    Employees: Queries should be directed to your line manager. Access to free, confidential and impartial Employee Support is available to all employees. Please visit the webpages for further information https://extra.hants.gov.uk/employee/policy-guidance/occupational-health/employee-support Your trade union or professional association may be able to provide you with additional support. Managers: Further information is available in the How to Guide – Annual Leave and Time Off. Advice on remaining queries can be directed to HR Operations [email protected] or 01962 813915.

    https://extra.hants.gov.uk/employee/policy-guidance/occupational-health/employee-supporthttps://extra.hants.gov.uk/employee/policy-guidance/occupational-health/employee-supportmailto:[email protected]

  • Annual Leave and Time Off Policy Page 23 of 37

    Appendix 1 Annual leave year The annual leave year runs from 1 April to 31 March. For teachers the annual leave year runs from 1 September to 31 August Annual leave entitlement – EHCC 2007 The annual leave entitlement for full time EHCC 2007 employees is outlined below;

    Grade Entry 5 yrs A-D 24 days

    177.6 hours 27 days

    199.8 hours

    E-G 25 days 185 hours

    28 days 207.2 hours

    H+ 26 days

    192.4 hours 30 days

    222 hours Annual leave entitlement - Teachers Teachers are entitled to 28 days statutory annual leave, including bank holidays, which must be taken during school holiday periods.

    Staff employed under EHCC 2000 terms and conditions

    Spinal column

    point / Grade

    Initially After 5 year's

    service

    After 20 year's

    service

    Up to 13 22 27 30

    14-21 23 27 30

    22 - 34 24 27 30

    35-39 25 28 31

  • Annual Leave and Time Off Policy Page 24 of 37

    40 - 41, HM `G' 26 29 32

    HM `F' to HM `A' 27 30 33

    Staff employed under EHCC 2007 who retained the EHCC 2000 annual leave arrangements

    Grade and step within

    EHCC 2007 salary range

    Up to 5 yrs'

    service

    5 yrs up to 19

    yrs' service

    20 yrs' service

    and above

    Grades A and B, and Grade

    C up to and incl. Step 2

    22 (162.8 hrs) 27 (199.8 hrs) 30 (222 hrs)

    Grade C Step 3 up to and

    incl. Grade D Step 2

    23 (170.2 hrs) 27 (199.8 hrs) 30 (222 hrs)

    Grade D Step 3, up to and

    incl. Grade E Step 5

    24 (177.6 hrs) 27 (199.8 hrs) 30 (222 hrs)

    Grade F Step 1 up to and

    incl. Grade F Step 5

    25 (185 hrs) 28 (207.2 hrs) 31 (229.4 hrs)

    Grade G Step 1 up to and

    incl. Grade G Step 5

    26 (192.4 hrs) 29 (214.6 hrs) 32 (236.8 hrs)

    Grade H Step 1 up to and

    incl. Grade K Step 5

    27 (199.8 hrs) 30 (222 hrs) 33 (244.2 hrs)

  • Annual Leave and Time Off Policy Page 25 of 37

    Under EHCC 2000 annual leave was linked to national spinal column points. These do not exist within the new pay framework. Therefore, for staff who retained the EHCC 2000 leave arrangements, leave entitlement is based on the grade and step within the new grade structure, as set out above. Where an employees existing annual leave entitlement (based on previous spinal column points) is higher than their entitlement as set out above (e.g. because they have a protected higher salary), they will remain on their existing entitlement, even when their salary reduces to step 5 on 1 October 2009.

    Changes in employment from 1 April 2008 Impact on annual leave arrangements for staff employed under EHCC 2007 who retained the EHCC 2000 annual leave arrangements

    Employee Impact Effective Date

    Promotions of existing employee OR Transfer to a job at a lower grade - employee request or application

    Employees will be appointed onto the new annual leave entitlements

    Date of appointment

    Transfer to a job at the same grade

    Employee will remain on their current annual leave entitlement if the employee wishes to move to the new annual leave arrangements they must advise their line manager in writing

    N/A

    Transfer to a job at a lower grade - Redeployment

    existing annual leave entitlements will be protected for two years, after which the employee will move to new annual leave entitlement for the grade of the redeployed role

    Two years after date of redeployment

    Secondments within the Council – same or lower grade (temporary)

    Employee will retain the annual leave entitlement associated with their substantive role

    N/A

    Acting up – higher grade (temporary)

    Employee will normally retain the annual leave entitlement associated with their substantive role

    N/A

  • Annual Leave and Time Off Policy Page 26 of 37

    Please note: Once an employee has moved onto the new arrangement they may not then change back. Annual Leave Entitlement - Full-time Staff on EHCC/Soulbury Conditions

    Categories/Grades Initial After 5 Years Service

    After 20 Years Service

    Assistant Educational Psychologist

    25 28 31

    Educational Psychologist Main Scale Points 1-7 Inspectors/Advisers Points 1-7 Soulbury Youth & Community Service Officers Points1-6

    26

    29

    32

    Educational Psychologist Main Scale Points 8-14 Educational Psychologist Senior/Principal Scale Points 1-22 Inspectors/Advisers Points 8-47 Soulbury Youth & Community Service Officers Points 7-16

    27

    30

    33

    Annual Leave entitlement for JNC staff

    Employee’s are entitled to 6 weeks (30 working days) paid holiday in addition to statutory and general national holidays, with a further 5 days after 5 years of continuous service.

    Employee’s are also entitled to two locally agreed extra-statutory days.

  • Annual Leave and Time Off Policy Page 27 of 37

    Appendix 2

    The tables below show the weeks per year to be paid. They include pro rata annual leave and bank holiday entitlement for staff whose working weeks are less than 52 per year and are paid in lieu of annual leave.

    The number of weeks to be paid depends on the number of weeks worked per year, grade / salary level, and length of cumulative local government service. For example an employee covered by the EHCC2007 annual leave entitlement, working 39 weeks per year on Grade E and with less than 5 years' cumulative local government service, will be paid 44.67 weeks per year.

  • Annual Leave and Time Off Policy Page 28 of 37

    Tables for staff employed under EHCC 2007 who retained the EHCC 2000 annual leave arrangements

    39 working weeks Length of Service

    Grade and step within EHCC 2007 salary range

    Less than 5 years

    5 – 20 years 20 or more years

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Grades A and B, and Grade C up to and incl. Step 2

    44.09 45.07 45.68

    Grade C Step 3 up to and incl. Grade D Step 2

    44.28 45.07 45.68

    Grade D Step 3 up to and incl. Grade E Step 5

    44.48 45.07 45.68

    Grade F Step 1 up to and incl. Grade F Step 5

    44.67 45.27 46.09

    Grade G Step 1 up to and incl. Grade G Step 5

    44.87 45.47 46.09

  • Annual Leave and Time Off Policy Page 29 of 37

    40 working weeks Length of Service

    Grade and step within EHCC 2007 salary range

    Less than 5 years

    5 – 20 years 20 or more years

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Grades A and B, and Grade C up to and incl. Step 2

    45.22 46.22 46.85

    Grade D Step 3 up to and incl. Grade E Step 5

    45.62 46.22 46.85

    Grade F Step 1 up to and incl. Grade F Step 5

    45.82 46.43 47.27

    Grade G Step 1 up to and incl. Grade G Step 5

    46.02 46.64 47.27

  • Annual Leave and Time Off Policy Page 30 of 37

    41 working weeks Length of Service

    Grade and step within EHCC 2007 salary range

    Less than 5 years

    5 – 20 years 20 or more years

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Grades A and B, and Grade C up to and incl. Step 2

    46.35 47.38 48.02

    Grade C Step 3 up to and incl. Grade D Step 2

    46.55 47.38 48.02

    Grade D Step 3 up to and incl. Grade E Step 5

    46.76 47.38 48.02

    Grade F Step 1 up to and incl. Grade F Step 5

    47.06 47.59 48.45

    Grade G Step 1 up to and incl. Grade G Step 5

    47.17 47.80 48.45

    42 working weeks Length of Service

    Grade and step within EHCC 2007 salary range

    Less than 5 years

    5 – 20 years 20 or more years

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Grades A and B, and Grade C up to and incl.

    47.48 48.61 49.25

  • Annual Leave and Time Off Policy Page 31 of 37

    42 working weeks Length of Service

    Step 2

    Grade C Step 3 up to and incl. Grade D Step 2

    47.69 48.61 49.25

    Grade D Step 3 up to and incl. Grade E Step 5

    47.90 48.61 49.25

    Grade F Step 1 up to and incl. Grade F Step 5

    48.11 48.82 49.64

    Grade G Step 1 up to and incl. Grade G Step 5

    48.32 49.04 49.64

  • Annual Leave and Time Off Policy Page 32 of 37

    43 working weeks Length of

    Service

    Grade and step within EHCC 2007 salary range

    Less than 5 years

    5 – 20 years 20 or more years

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Grades A and B, and Grade C up to and incl. Step 2

    48.61 49.74 50.40

    Grade C Step 3 up to and incl. Grade D Step 2

    48.82 49.74 50.40

    Grade D Step 3 up to and incl. Grade E Step 5

    49.04 49.74 50.40

    Grade F Step 1 up to and incl. Grade F Step 5

    49.25 49.96 50.82

    Grade G Step 1 up to and incl. Grade G Step 5

    49.47 50.13 50.82

  • Annual Leave and Time Off Policy Page 33 of 37

    44 working weeks Length of Service

    Grade and step within EHCC 2007 salary range

    Less than 5 years

    5 – 20 years 20 or more years

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Number of weeks to be

    paid

    Grades A and B, and Grade C up to and incl. Step 2

    49.74 50.85 51.53

    Grade C Step 3 up to and incl. Grade D Step 2

    49.96 50.85 51.53

    Grade D Step 3 up to and incl. Grade E Step 5

    50.18 50.85 51.53

    Grade F Step 1 up to and incl. Grade F Step 5

    50.40 51.07 52.00

    Grade G Step 1 up to and incl. Grade G Step 5

    50.62 51.30 52.00

    Under EHCC 2000 annual leave was linked to national spinal column points. These do not exist within EHCC 2007. Therefore, for staff who retained the former leave arrangements (EHCC 2000) their number of paid weeks is based on the grade and step within the new grade structure, as set out above. Where an employees existing number of paid weeks (based on previous spinal column points) is higher than their entitlement as set out above (e.g. because they have a protected higher salary), they will remain on their existing number of paid weeks, even when their salary reduces to step 5 on 1 October 2009.

  • Annual Leave and Time Off Policy Page 34 of 37

    Tables for staff covered by EHCC 2000 Annual Leave entitlement

    39 working weeks

    Length of Service (2000 Entitlement)

    SpC Point Less than 5 years 5 – 20 years 20 or more years

    Number of weeks to be paid

    Number of weeks to be paid

    Number of weeks to be paid

    Up to 13 44.09 45.07 45.68

    14 – 21 44.28 45.07 45.68

    22 – 34 44.48 45.07 45.68

    35 – 39 44.67 45.27 45.88

    40 – HMG 44.87 45.47 46.09

    40 working weeks

    Length of Service (2000 Entitlement)

    SpC Point Less than 5 years 5 – 20 years 20 or more years

    Number of weeks to be paid

    Number of weeks to be paid

    Number of weeks to be paid

    Up to 13 45.22 46.22 46.85

    14 – 21 45.42 46.22 46.85

    22 – 34 45.62 46.22 46.85

    35 – 39 45.82 46.43 47.06

    40 – HMG 46.02 46.64 47.27

  • Annual Leave and Time Off Policy Page 35 of 37

    41 working weeks

    Length of Service (2000 Entitlement)

    SpC Point Less than 5 years 5 – 20 years 20 or more years

    Number of weeks to be paid

    Number of weeks to be paid

    Number of weeks to be paid

    Up to 13 46.35 47.38 48.02

    14 – 21 46.55 47.38 48.02

    22 – 34 46.76 47.38 48.02

    35 – 39 47.06 47.59 48.24

    40 – HMG 47.17 47.80 48.45

    42 working weeks

    Length of Service (2000 Entitlement)

    SpC Point Less than 5 years 5 – 20 years 20 or more years

    Number of weeks to be paid

    Number of weeks to be paid

    Number of weeks to be paid

    Up to 13 47.48 48.61 49.25

    14 – 21 47.69 48.61 49.25

    22 – 34 47.90 48.61 49.25

    35 – 39 48.11 48.82 49.41

    40 – HMG 48.32 49.04 49.64

  • Annual Leave and Time Off Policy Page 36 of 37

    43 working weeks

    Length of Service (2000 Entitlement)

    SpC Point Less than 5 years 5 – 20 years 20 or more years

    Number of weeks to be paid

    Number of weeks to be paid

    Number of weeks to be paid

    Up to 13 48.61 49.74 50.40

    14 – 21 48.82 49.74 50.40

    22 – 34 49.04 49.74 50.40

    35 – 39 49.25 49.96 50.59

    40 – HMG 49.47 50.13 50.82

    44 working weeks

    Length of Service (2000 Entitlement)

    SpC Point Less than 5 years 5 – 20 years 20 or more years

    Number of weeks to be paid

    Number of weeks to be paid

    Number of weeks to be paid

    Up to 13 49.74 50.85 51.53

    14 – 21 49.96 50.85 51.53

    22 – 34 50.18 50.85 51.53

    35 – 39 50.40 51.07 51.77

    40 – HMG 50.62 51.30 52.00

  • Annual Leave and Time Off Policy Page 37 of 37

    Table for staff covered by JNC Annual Leave entitlement

    Policy Governance

    SharePoint ID HRDOCID-561776108-80591

    Date of publication: April 2014 v2 – June 2014 v2.1 – October 2014 v3 – April 2015 v4 – November 2016 V4.0.1 18 October 2019

    Owner: HR Operations

    Related EHCC 2007 section:

    Section 21 Section 22

    Equality impact assessment hantsfile reference:

    Employees of non Hampshire County Council bodies are excluded from this policy and should refer to their own employer’s policies and procedures.