Issuu

Version: V8

Ratified by: People and Culture Steering Group

Date ratified: 06/05/2025

Job Title of author: Director, People Partnering

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: Director, People Partnering

1. Introduction

1.1 The Provide Group is committed to a productive work environment in which employees are able to take the time they need to relax and recharge in order to maintain a healthy work/life balance, while continuing to provide the excellent and timely service our clients have come to expect.

1.2 All employees of Provide Group are entitled to a period of paid annual leave and usually eight paid Bank Holidays per annum. Part time employees will receive a prorated amount 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

2.1 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.

3. Policy Statement

3.1 The Provide Group encourages all colleagues to take their periods of annual leave in blocks throughout the year to ensure that they gain 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

4. Scope

4.1 The principles and processes set out in this policy will apply to all employees of the Provide Group

4.2 Employees should refer to their contract of employment to establish their own annual leave entitlement.

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

5. Responsibilities

5.1 Responsibility of Line Managers

5.1.1 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.

5.1.2 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.

5.1.3 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.

5.2 Responsibility of Employees

5.2.1 To be aware of the Annual Leave Policy & Procedure.

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

5.2.3 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

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

6.2 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 full-time employee).

6.3 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. Annual Leave and Bank Holidays

7 1 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.

7.2 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.

7.3 In addition to paid annual leave entitlements, employees are usually entitled to 8 paid general public holidays (depending on when Easter falls in the annual leave year). 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.

7.4 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.

8. Extended periods of Annual Leave

8.1 Provide Group 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. Sickness and Annual Leave

9.1 The Provide Group recognises that sickness and annual leave are for two entirely different purposes. Annual leave is for the purposes of rest and to enjoy a period of relaxation and leisure. Sick leave is recorded when an employee is unable to attend for work as a consequence of illness or injury.

9 2 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.

9.3 An employee who has genuinely been unable to take all their annual leave because they have been absent due to illness and there absence has spanned two annual leave year’s may be entitled to carry over some of their accrued but unused leave. Any leave taken would be deducted from the statutory entitlement to determine any carry-over.

9.4 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 longterm 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.

9.5 Employees who are unable to return to work before they have the opportunity to take their accrued leave (for example, due to the termination of their employment) are entitled to a payment in lieu.

10. Procedure for booking Annual Leave

10.1 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, formal disciplinary action may be taken.

10.2 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.

10.3 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 Erostering systems are not available.

10.4 As a minimum, the request for annual leave should normally be made giving at least six weeks’ notice, or in accordance with any locally agreed procedures). Managers have the discretion to grant leave with less notice depending on the needs of the service.

10.5 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 (where appropriate), 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.

10.6 In the event of a dispute regarding an annual leave request, the employee may pursue this through the Grievance Policy and Procedure (HRPOL15).

11. Bank Holidays

11.1 There are normally 8 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.

Part time colleagues will have a pro rata entitlement proportionate to the number of basic contracted hours worked per week.

11.2 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 agreed 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).

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

12.1 If a new employee commences part way through the leave year, the entitlement will need to be pro-rata according to their start 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).

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

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

13.1 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)

14. Calculation of Annual Leave and Bank Holiday entitlement on leaving the Company

14.1 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.

14.2 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.

14.3 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.

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

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

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

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

Appendix 1: 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: Director, People Partnering Date: January 2025

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/underrepresented 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

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.

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.