How to calculate Annual Leave Guidance Notes for Managers Classification: Guidance Notes Lead Author: David Hargreaves Additional author(s): Authors Division: Human Resources HR Ref: g_cal_4_22-2015 Unique ID: THR4(05) Issue number: 3.2 Expiry Date: March 2017 Contents Section Page Who should read this document Key messages What is new in this version Guidelines Calculating annual leave entitlements Part Time Entitlement Annual Leave Entitlements in Hours Bank and Public Holidays 2 2 2 2 2 3 4 6 Part Year Entitlements Term-time only staff Carry forward of annual leave Mutually Agreed Flexibility Scheme Take a Break Sick Leave Accural during Sick Leave Maternity / Paternity & Adoption Leave Career Breaks 9 12 13 13 13 13 13 13 14 Document Control Policy Implementation Plan Endorsement Equality analysis 15 16 16 17 Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 1 of 13 Who should read this document? These guidance notes apply to all staff [excluding medical staff]. Key Messages This document sets out guidance notes for the calculation of annual leave. The purpose of the guidance notes are to ensure that employees and managers are aware of their contractual annual leave entitlement and public holiday allowance in line with Agenda for Change and to ensure this is calculated consistently and fairly throughout the Trust. What is new in this version? 1. Annual leave entitlement and bank and public holiday allowance are now calculation separately 2. Accurals during periods of sickness absence and career breaks 3. Carry forward of annual leave into the next financial year 4. The principles of this policy now apply to the mutually agreed flexibility scheme and the take a break scheme Policy/ Guideline/ Protocol 1. Calculating annual leave entitlements It is the manager’s responsibility to calculate the annual leave for their staff and to inform staff of their entitlements. The full-time Agenda for Change annual leave entitlements are: 27 days annual leave (5.4 weeks) & 8 public holidays on entry to the NHS 29 days annual leave (5.8 weeks) & 8 public holidays after 5 years service 33 days annual leave (6.6 weeks) & 8 public holidays after 10 years service Generally annual leave will be expressed in hours to reflect the contractual position and avoid under or over taking leave due to variable shift lengths or long day working. The calculation is the number of hours worked per week multiplied by the number of weeks leave entitled to which will give you the number of hours annual leave staff are entitled to for the full leave year. Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 2 of 13 A member of staff’s annual leave entitlement is determined by the length of aggregated NHS service. Any period of time that has been worked in the NHS, whether there has been a break in service or not, will count as service for annual leave purposes. Therefore full-time members of staff, those who work 37.5 hours a week, will have the following entitlements: Years of Service Less than 5 years More than 5 years, less than 10 years More than 10 years Annual Leave in hours for a Full-Time Worker (exclusive of public holidays) 202.5 217.5 247.5 2. Part Time Entitlement Annual leave entitlement for part time staff should be calculated as follows: If the member of staff has less than 5 years service Hours worked x 5.4 weeks = no of hours annual leave If the member of staff has more than 5 years but less than 10 years service Hours worked x 5.8 weeks = no of hours annual leave If the member of staff has more than 10 years service Hours worked x 6.6 weeks = no of hours annual leave Example: Part-time staff A member of staff who works 20 hours a week will have the following leave entitlements: With less than 5 years service 20 (hours) x 5.4 (weeks) = 108 hours annual leave With more than 5 years service 20 (hours) x 5.8 (weeks) = 116 hours annual leave With more than 10 years service 20 (hours) x 6.6 (weeks) = 132 hours annual leave Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 3 of 13 3. Annual Leave Entitlements in Hours The table below shows annual leave entitlements (in hours and minutes), excluding public holidays, according to weekly contracted hours and length of service: Annual Leave Entitlement Hours (Exc BH) Weekly Contracted Hours 37.5 37 36.5 36 35.5 35 34.5 34 33.5 33 32.5 32 31.5 31 30.5 30 29.5 29 28.5 28 27.5 27 26.5 26 25.5 25 24.5 24 23.5 23 22.5 22 21.5 21 20.5 20 Issue 3.2 April 2015 Less than 5 year’s service (5.4 weeks) 202:30 200:00 197:00 194:30 191:30 189:00 186:30 183:30 181:00 178:00 175:30 173:00 170:00 167:30 164:30 162:00 159:30 156:30 154:00 151:00 148:30 146:00 143:00 140:30 137:30 135:00 132:30 129:30 127:00 124:00 121:30 119:00 116:00 113:30 110:30 108:00 More than 5 year’s service (5.8 weeks) 217:30 214:30 211:30 209:00 206:00 203:00 200:00 197:00 194:30 191:30 188:30 185:30 182:30 180:00 177:00 174:00 171:00 168:00 165:30 162:30 159:30 156:30 153:30 151:00 148:00 145:00 142:00 139:00 136:30 133:30 130:30 127:30 124:30 122:00 119:00 116:00 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue More than 10 year’s service (6.6 weeks) 247:30 244:00 241:00 237:30 234:30 231:00 227:30 224:30 221:00 218:00 214:30 211:00 208:00 204:30 201:30 198:00 194:30 191:30 188:00 185:00 181:30 178:00 175:00 171:30 168:30 165:00 161:30 158:30 155:00 152:00 148:30 145:00 142:00 138:30 135:30 132:00 Page 4 of 13 19.5 19 18.5 18 17.5 17 16.5 16 15.5 15 14.5 14 13.5 13 12.5 12 11.5 11 10.5 10 9.5 9 8.5 8 7.5 7 6.5 6 5.5 5 4.5 4 3.5 3 2.5 2 1.5 1 Issue 3.2 April 2015 105:30 102:30 100:00 97:00 94:30 92:00 89:00 86:30 83:30 81:00 78:30 75:30 73:00 70:00 67:30 65:00 62:00 59:30 56:30 54:00 51:30 48:30 46:00 43:00 40:30 38:00 35:00 32:30 29:30 27:00 24:30 21:30 19:00 16:00 13:30 11:00 8:00 5:30 113:00 110:00 107:30 104:30 101:30 98:30 95:30 93:00 90:00 87:00 84:00 81:00 78:30 75:30 72:30 69:30 66:30 64:00 61:00 58:00 55:00 52:00 49:30 46:30 43:30 40:30 37:30 35:00 32:00 29:00 26:00 23:00 20:30 17:30 14:30 11:30 8:30 6:00 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue 128:30 125:30 122:00 119:00 115:30 112:00 109:00 105:30 102:30 99:00 95:30 92:30 89:00 86:00 82:30 79:00 76:00 72:30 69:30 66:00 62:30 59:30 56:00 53:00 49:30 46:00 43:00 39:30 36:30 33:00 29:30 26:30 23:00 20:00 16:30 13:00 10:00 6:30 Page 5 of 13 4. Bank and Public Holidays Members of staff also accrue additional hours for public holidays. This should be calculated based on the table below and added to the member of staff’s annual leave entitlement. Public holidays are accrued based on the number of days an employee is available to work. The table shows the public holiday accrual in hours, according to the member of staff’s weekly contracted hours. Pro-rata calculations should be made based on the per Public Holiday Accrual figure and should not be rounded up or down. On some occasions there may be 10 public holidays within an annual leave year. In line with Agenda for Change staff will receive a maximum of 8. Staff commencing part way through an annual leave year will receive a maximum of 8 public holidays minus the number of public holidays that have already occurred from 1st April to their start date. For example an employee commencing on 1st September would receive 8 public holidays minus any public holidays that have already occurred between 1 st April and 31st August. Contracted Weekly Hours Public Holiday Accrual per BH (Hours & Minutes) Public Holiday Accrual (Full Year) (Hours & Minutes) 1 00:11 1:30 1.5 00:18 2:30 2 00:22 3:00 2.5 00:30 4:00 3 00:37 5:00 3.5 00:41 5:30 4 00:48 6:30 4.5 00:52 7:00 5 01:00 8:00 5.5 01:07 9:00 6 01:11 9:30 6.5 01:18 10:30 7 01:22 11:00 7.5 01:30 12:00 8 01:37 13:00 8.5 01:41 13:30 9 01:48 14:30 9.5 01:52 15:00 10 02:00 16:00 10.5 02:07 17:00 Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 6 of 13 11 02:11 17:30 11.5 02:18 18:30 12 02:22 19:00 12.5 02:30 20:00 13 02:37 21:00 13.5 02:41 21:30 14 02:48 22:30 14.5 02:52 23:00 15 03:00 24:00 15.5 03:07 25:00 16 03:11 25:30 16.5 03:18 26:30 17 03:22 27:00 17.5 03:30 28:00 18 03:37 29:00 18.5 03:41 29:30 19 03:48 30:30 19.5 03:52 31:00 20 04:00 32:00 20.5 04:07 33:00 21 04:11 33:30 21.5 04:18 34:30 22 04:22 35:00 22.5 04:30 36:00 23 04:37 37:00 23.5 04:41 37:30 24 04:48 38:30 24.5 04:52 39:00 25 05:00 40:00 25.5 05:07 41:00 26 05:11 41:30 26.5 05:18 42:30 27 05:22 43:00 27.5 05:30 44:00 28 05:37 45:00 28.5 05:41 45:30 29 05:48 46:30 05:52 47:00 29.5 Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 7 of 13 30 06:00 48:00 30.5 06:07 49:00 31 06:11 49:30 31.5 06:18 50:30 32 06:22 51:00 32.5 06:30 52:00 33 06:37 53:00 33.5 06:41 53:30 34 06:48 54:30 34.5 06:52 55:00 35 07:00 56:00 35.5 07:07 57:00 36 07:11 57:30 36.5 07:18 58:30 37 07:22 59:00 37.5 07:30 60:00 Agenda for Change states where an employee is sick on a public holiday, he/she will not be entitled to an additional day off. This applies to staff who are sick, regardless if they are rostered to work, are on a rostered day off or have booked annual leave. As such bank holidays are only accrued if a person is in work and not off sick in the period during which the public holiday falls. Where an employee has been off sick on a public holiday a deduction should be made from their annual leave entitlement in line with the table above. The Workforce Information team will manage this process on the manager’s behalf for rostered areas. Departments using Timesheet should manage this via their existing local annual leave processes. 4.1 Rostered Areas Managers should ensure sickness is recorded in the SMART rostering system within 1 week of the absence notification. The Workforce Information team will identify any employees recorded as sick on a public holiday and will make a pro-rata adjustment based on the member of staff’s weekly contracted hours and the table above. 4.2 Timesheet Areas Managers should use the Bank Holiday Adjustments for Sickness document (which can be found within the Key Resources & Links section of the SMART Rostering synapse page - http://intranet/corporate/smart/) to determine how Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 8 of 13 many hours should be deducted from the employees bank holiday allowance, this should be managed locally. 5. Part Year Entitlements Where staff commence or finish employment part way through the year their annual leave entitlement will be pro rata for the number of complete weeks’ service. The full year entitlement should be calculated and multiplied by 7/365 to get the weekly entitlement. This figure should be multiplied by the number of complete weeks’ service to give the member of staff’s part year entitlement. Bank holiday entitlement will be determined by the actual number of bank holidays remaining in the year (from the base of 8) and an individual’s contracted hours. Example: Commencing employment part way through the year If a member of staff, who works full-time, starts on 18th July with no previous NHS service, their annual leave entitlement should be calculated as follows: The full annual leave entitlement for full-time staff with less than 5 years NHS service is 202.5 hours. Multiply 202.5 hours by 7/365 weeks in the year 202.5 * 7/365 = 3.883 (do not round this figure up or down) From 18th July to 31st March, there are 37 weeks remaining in the leave year when the member of staff starts work, therefore multiply 3.883 hours by 37 weeks 3.883 x 37 = 144 hours There are 4 Bank Holidays between 18th July – 31st March, there multiply 7.5 by 4 (Bank Holidays remaining in the year). 7.5 x 4 = 30 hours Annual leave entitlement = 144 hours Bank Holidays = 30 hours Total entitlement = 174 Example: Finishing employment part way through the year If a member of staff, who works full-time, finishes on 2nd September with more than 5 years NHS service, their annual leave entitlement should be calculated as follows: The full annual leave entitlement for full-time staff with more than 5 years NHS service is 217.5 hours. Multiply 217.5 hours by 7/365 for the number of weeks in the year 217.5*7/365 = 4.171(do not round this figure up or down) The member of staff will have worked 22 weeks (1 st April to 2nd September), therefore multiply 4.171 hours by 22 weeks Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 9 of 13 4.171 x 22 = 91.762 hours There were 5 Bank Holidays between 1st April - 2nd September, therefore multiply 7.5 by 3 (Bank Holidays remaining in the year). 7.5 x 3 = 22.5 hours Annual leave entitlement = 91.762 = 92 hours Bank Holidays = 37.5 hours Total entitlement = 129.5 hours This figure should be compared with the actual hours of annual leave taken. If the member of staff has not taken their full entitlement at the time they hand in their notice the remaining hours would normally be taken during their notice period. In exceptional circumstances they may be paid to them as part of their final salary payment subject to prior senior manager or lead nurse approval. If the member of staff has taken more than the entitlement, the hours will be recovered from their final pay or post termination. Any hours to be paid or deducted should be included on the termination form. Changes to annual leave entitlement within the leave year A member of staff’s annual leave entitlement may change part way through the leave year. This could be because the member of staff’s years of service has reached either 5 years or 10 years or because the member of staff alters the hours that they work. In these circumstances, the annual leave entitlement is proportionate to the number of weeks before and after the date on which the entitlement changes. Only complete weeks after that date shall be calculated at the new rate. Example: Years of service increase If a full-time member of staff reaches their 5 year anniversary part way through the year on 4th August, their annual leave entitlement for the year should be calculated as follows: 18 weeks (1st April to 3rd August) at less than 5 years service and 34 weeks (4th August to 31st March ) at more than 5 years service 18 weeks at less than 5 years service Divide full-time annual leave entitlement with less than 5 years’ service (202.5 hours) by 52 weeks in the year 202.5/52 = 3.894 hours per week (do not round this figure up or down) Multiply 3.894 hours by 18 weeks 3.894 x 18 = 70.09 hours for the first part of the year 34 weeks at more than 5 years service Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 10 of 13 Divide full-time annual leave entitlement with more than 5 years service (217.5 hours) by 52 weeks in the year 217.5/52 = 4.171 (do not round this figure up or down) Multiply 4.171 hours by 34 weeks 4.171 x 34 = 141.814 hours Annual leave entitlement = 70.09 + 141.814 = 211.904 = 212 hours Bank Holidays (Full Year) = 60 Hours Total entitlement = 272 hours Examples: Change of hours Increase of hours If a member of staff, who has more than 10 years service, changes their hours during the year from 25 hours to 30 hours on 11th July, their annual leave entitlement should be calculated as follows: 14 weeks (1st April to 10th July) at 25 hours 25 hours x 6.6 weeks = 165 hours (full year annual leave entitlement) Divide 165 hours by 52 weeks in the year 165/52 = 3.173 hours per week (do not round this figure up or down) Multiply 3.173 hours by 14 weeks 3.173 x 14 = 44.42 hours 4 Bank Holidays accrued @ 5 Hours each = 20 hours 38 weeks (11th July to 31st March) at 30 hours 30 hours x 6.6 weeks = 198 hours (full year annual leave entitlement) Divide 198 hours by 52 weeks in the year 198/52 = 3.808 (do not round this figure up or down) Multiply 3.808 hours by 38 weeks 3.808 x 38 = 147.70 hours 4 Bank Holidays accrued @ 6 Hours each = 24 Hours Annual leave entitlement = 44.42 + 147.70 hours = 192 hours Bank Holidays = 20 + 24 = 44 hours Total entitlement = 236 hours Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 11 of 13 Decrease of hours If a member of staff, who has more than 5 years service, changes their hours during the year from 35 hours to 20 hours on 5th September, their annual leave entitlement should be calculated as follows: 22 weeks (1st April to 4th September) at 35 hours 35 hours x 5.8 weeks = 203 hours (full year annual leave entitlement) Divide 203 hours by 52 weeks in the year 203/52 = 3.903 hours per week (do not round this figure up or down) Multiply 3.903 hours by 22 weeks 3.903 x 22 = 85.87 hours 5 Bank Holidays accrued @ 7 Hours each = 35 Hours 30 weeks (5th September to 31st March) at 20 hours 20 hours x 5.8 weeks = 116 hours (full year annual leave entitlement) Divide 116 hours by 52 weeks in the year 116/52 = 2.231 (do not round this figure up or down) Multiply 2.231 hours by 30 weeks 2.231 x 30 = 66.93 hours 3 Bank Holidays accrued @ 4 Hours each = 12 Hours Annual leave entitlement = 85.87 + 66.93 hours = 152.8 = 153 hours Bank Holidays = 35 + 12 = 47 hours Total entitlement = 200 hours 6. Term-time only staff Please contact Human Resources for calculations regarding staff who only work term time. 7. Carry forward of annual leave Generally up to one week may be carried forward into the next leave year but where someone is off sick then the greater of one week or the difference between all leave taken and the 4 weeks statutory (EWTD) annual leave may be carried forward on application. Employees who have been on sick leave are only able to take annual leave within 18 months of the end of the year during which the holiday accrued. Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 12 of 13 8. Mutually Agreed Flexibility Scheme Where staff purchase additional annual leave under the above scheme then the principles set out in this guidance should be followed when calculating the leave due in the year it is purchased. 9. Take a Break Where staff are granted additional annual leave for long service under the above scheme then the principles set out in this guidance should be followed when calculating the leave due in the year it is granted. 10. Sick Leave Where a member of staff has booked annual leave but is taken ill, they must follow the sickness absence reporting procedure as normal and submit a doctor’s certificate for the period booked as annual leave. Then the period shall not be counted as annual leave. 11. Accrual during Sick Leave Annual leave is accrued at the occupational (normal) rate whilst on sick leave while receiving occupational pay. If the member of staff is out of occupational pay, they will accrue annual leave at the statutory rate. Bank and Public holidays are not accrued during sick leave. 12. Maternity / Paternity Leave and Adoption Annual Leave is accrued at the member of staff’s normal rate whilst they are on maternity leave / paternity 13. Career Breaks Leave, including statutory leave, is not accrued during a career break. Explanation of terms & Definitions Terms explained in document Issue 3.2 April 2015 How to calculate Annual Leave – Guidance Notes for Managers Current Version is held on the Intranet Check with Intranet that this printed copy is the latest issue Page 13 of 13