21. Annual Leave
- 21.1 Annual leave year
- 21.2 Annual leave entitlement
- 21.3 Annual leave entitlement - full-time staff
- 21.4 Public Holidays
- 21.5 Service relevant for purposes of calculating annual leave
- 21.6 The employers right to prescribe when annual leave is taken
- 21.7 Annual leave entitlement in first and final years of employment
- 21.8 Public holiday entitlement during the first and final years of employment
- 21.9 Annual leave entitlement - part-time staff
- 21.10 Annual leave entitlement for employees who work term time only / less than 52 weeks a year
- 21.11 Booking and taking of annual leave
- 21.12 Carry forward of annual leave
- 21.13 Payment in lieu of annual leave
- 21.14 Sickness while on annual leave
The provisions of this section will apply to all employees, employed under EHCC 2007, who join HCC after 1 April 2008 and those who were moved on to EHCC 2007 annual leave arrangements on implementation of the new pay framework.
Staff who benefited from the EHCC 2007 annual leave arrangements, as at 1 April 2008, had the new entitlement automatically applied, except where they opted to remain on the former entitlement (EHCC 2000). Staff whose annual leave entitlement was the same as or less under EHCC 2007 entitlement, as at 1 April 2008, remained on the former entitlement (EHCC 2000) but may transfer to the arrangements below if they wish.
For details of the arrangements that will apply to the EHCC 2000 agreement, including the impact of changes in employment on annual leave, please refer to the Employment Guide.
21.1 Annual leave year
The leave year runs from 1 April to 31 March.
21.2 Annual leave entitlement
All staff, whether full-time or part-time are entitled to the same pro rata full-time equivalent amount of annual leave and public holidays.
Full time staff are defined as staff who are contracted to work for 52 weeks a year.
Part time staff are defined as staff who are contracted to work for either:
52 weeks a year but less than 37 hours a week
Less than 52 weeks a year, regardless of how may hours worked per week
21.3 Annual leave entitlement - full-time staff
The annual leave entitlement for full-time staff is outlined below:
24 days (177.6 hours)
27 days (199.8 hours)
25 days (185 hours)
28 days (207.2 hours)
26 days (192.4 hours)
30 days (222 hours)
Annual leave will be applied on a pro-rata basis during the leave year in which an employee attains five years of service and the new (higher) entitlement will take effect on the calendar day after the 5 year anniversary.
- In these circumstances it will be necessary to re-calculate the employee’s annual leave entitlement on the calendar day after the 5 year anniversary.
Maximum entitlements will be achieved after five years, rather than 20 years, as was the arrangement under EHCC 2000.
- If staff, who remained on the former entitlement (EHCC 2000) are promoted after implementation of the new pay framework they will at that time move onto the new annual leave arrangements.
21.4 Public holidays
Full-time staff will be entitled to leave on the public holidays which fall within each annual leave year i.e. April - March.
There are normally 8 public holidays within the period April – March, however, this is subject to change, usually because of the timing of the Easter holiday period.
21.5 Service relevant for purposes of calculating annual leave
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.
Details of those organisations covered by the Local Government Modification Order.
21.6 The employers right to prescribe when annual leave is taken
Two days of the annual leave entitlement may be prescribed by the County Council, Department or local work area for operational reasons and employees will be required to take annual leave on these days.
For example, when 24 December falls on a Monday or 27 December falls on a Friday, staff may be required to take one day's leave to enable an extended Christmas holiday closure.
Therefore all staff should ensure they have sufficient leave to cover this period. Staff and trade unions will be notified in advance of the start of the leave year in such cases.
21.7 Annual leave entitlement in first and final years of employment
Full-time and part time staff 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 staff 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 staff do not work the same number of hours each day of the normal working week the calculation will based on their actual hours of work and their pattern of work.
21.8 Public holiday entitlement during the first and final years of employment
Both full-time and part-time staff contracted to work 52 weeks a year will be entitled to payment for those public holidays which fall in the period they work in their first and final years of employment.
For part-time staff contracted to work 52 weeks a year, a pro rata reduction will be made, based on their actual hours of work and their pattern of work, where they do not work the same number of hours each day of the normal working week.
21.9 Annual leave entitlement - part-time staff
Because a large number (at least four of the normal eight public holidays) of public holidays fall on a Monday part-time staff, particularly those who do work on a Monday, could potentially have an increased benefit of public holidays.
To ensure equity for all staff irrespective of the hours or days worked all part time staff will receive a pro rata entitlement for all public holiday; and to ensure that different working patterns are fairly accommodated the entitlement will be calculated in hours.
Public holiday entitlement will be equivalent to:
(Weekly contracted hours /37) x (7.4 x 8)
Any time taken off on Public Holidays will be deducted from the total leave entitlement (i.e. the sum of public holiday and annual leave)
Annual leave entitlement will be equivalent to:
(weekly contracted hours/37) x (7.4 x full-time annual leave entitlement)
To help calculate leave entitlement (both public holiday and annual leave), the Annual Leave Calculator should be used.
The Annual Leave Calculator enables an adjustment to be made for pro rata public holiday entitlement (based on the employee's individual weekly work pattern).
21.10 Annual leave entitlement for employees who work term time only/less than 52 weeks a year
The salary for staff who work term time only/less than 52 weeks a year will be calculated to include an additional number of weeks to recognise their pro rata entitlement to annual leave and public holidays.
Effectively, some of their non-working time will be paid, taking into account payment for both annual and public holiday leave; some of their non-working time will be unpaid.
Please refer to the table for working less than 52 weeks in the Employment Guide. This table sets out the number of paid weeks according to the equivalent full time annual leave and public holiday entitlements.
21.11 Booking and taking of annual leave
Employees can request annual leave on specific dates by giving reasonable notice. For further guidance about how to request annual leave refer to the Employment Guide.
The County Council can refuse to allow requests for annual leave at a particular time if it will cause operational difficulties, providing the manager provides the employee with reasonable notice that the annual leave request cannot be authorised.
The County Council can require the employee to take annual leave on specific dates - notice given will be twice as many days in advance of the first day of leave, specified as the number of days (or part days) leave to be taken (e.g. one week's leave - two weeks' notice) and confirmed in writing to the employee.
21.12 Carry Forward of Annual Leave
Subject to the four bullet points below, all annual leave will be taken in the leave year to which it relates. Any leave outstanding at the end of the leave year will be lost.
- In exceptional circumstances, where operational requirements make it impossible for an employee to take his/her full annual leave entitlement, an appropriate line manager nominated by the Chief Officer may authorise an employee to carry a maximum of five days forward into the next leave year. Any such days must be taken by the end of May or will be lost.
- Where an employee has been off sick for all or part of the leave year and has not been able to use their statutory annual leave entitlement before the end of the leave year, they will be entitled to carry statutory 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 leave, and the period of leave spans more than one annual leave year, they will be entitled to their full annual leave entitlement in each year.
- Suspension due to disciplinary proceedings should be reviewed as a special case.
21.13 Payment in lieu of annual leave
Payment will not normally be made in lieu of any annual leave not taken at 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 HCC 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. Managers should refer to the guidance in order to calculate the amount of leave the employee is entitled to.
Otherwise payment will not be made in lieu of any annual leave not taken on termination of employment.
21.14 Sickness while on annual leave
Annual leave entitlement will be reinstated where an employee is sick during a period of annual leave.
Confirmation of sickness by a medical practitioner will normally be required.
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.
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. Accrual of annual leave during sickness absence guidance.