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LEAVE
Annual Leave
The annual leave year runs from 1 April of one year to 31 March of the following year
(except in Information Systems Division where the leave year runs from 1 October to 30
September). Leave entitlements depend upon the particular conditions of service and
length of continuous service; they are set out below and in the sheets that follow.
New entrants to local government who request annual leave, and who have not
completed six months' service, are required to sign an undertaking to repay any excess
leave entitlement should they leave the Council's service.
Annual leave may only be taken through arrangements made and agreed with the
appropriate supervisory officer.
All employees get a minimum of 23 days annual leave per year. Scale 1 to 4 officers get
28 days leave after 5 years service. However, the National Conditions specify that an
employee is entitled to a minimum of 25 days leave on the fifth anniversary of working for
the Council. Therefore, Scale 1 to 4 officers should get a proportion of additional leave on
the fifth anniversary of joining the Council. Employees will need to have started work
before 1 July to get the two extra days and before 1 January to get an extra day. For all
other leave entitlements continuous service must be accrued prior to the commencement
of the leave year.
Annual leave entitlements
The right is reserved to declare compulsory holiday for staff at the time of
Christmas/New Year.
Certain staff may be required to work on public holidays for which appropriate payments
are made and holidays are granted in lieu.
Officer staff (APT&C scale 1 - principal officers)
personal grade
(incl.)
continuous local government service
less than 5 years
5 - 10 years
over 10 years
Scale 1 - 4
23 days
28 days
28 days
Scale 5 - 6
26 days
28 days
29 days
SO1 - PO3
28 days
28 days
31 days
PO3 (scp 41)
30 days
30 days
33 days
PO4 and above
30 days
30 days
33 days
Leave Policy
1
Social services residential & nursery staff
personal grade (incl)
continuous local government service
under 5 years
5 - 10 years
over 10 years
Social work assistant
23
28
28
Asst Social Worker &
Social Worker 1 (scp 20-21)
23
28
28
Asst Social Worker &
Social Worker 1 (scp 22-25)
26
28
29
Social Worker 2 (scp 24-28)
26
28
29
Social Worker 2 (scp 29)
28
28
31
Social Worker 3 (scp 28)
26
28
29
Social Worker 3 (scp 29-33)
28
28
31
Nursery student
4 wks 3 days
n/a
n/a
Grade 1 - 5
4 wks 3 days
5 wks 3 days
5 wks 3 days
Above Grade 5
5 wks 3 days
5 wks 3 days
6 wks 1 day
Staff on local contracts
job title
continuous local government service
under 5 years
5 - 10 years
over 10 years
Typist/WPO 1
23
28
28
Typist/WPO 2
26
28
29
Secretary 2
26
28
29
Secretary 3
26
28
29
Secretary 4
28
28
31
WP Supervisor 1
26
28
29
WP Supervisor 2
28
28
31
Hay Managers
30
30
33
Leave Policy
2
Part-Time Staff
Part-timers will have a pro-rata entitlement to annual leave to comparable full-time
employees, but they are only entitled to paid leave for public holidays if they normally work
on those days. The following procedure is used to calculate public holiday entitlements
for part-time staff.
1 Determine what proportion of a full-time job the person is working. Normally this will be
one of the following:
1 day per week
2 days
2½ days
3 days
4 days
20%
40%
50%
60%
80%
2 There are 8 public holidays per year, and the part-time person is entitled to be paid for
a proportionate number of those. So:
1 day per week
2 days
2½ days
3 days
4 days
20%
40%
50%
60%
80%
1½ public holidays
3
4
5
6½
3 At the start of each leave year, determine how many of the public holidays will fall on
days the person will be at work. If this figure is the same as their proportionate entitlement
calculated above, then no action is needed. If the figure is higher or lower, then an
adjustment is made to the annual leave entitlement to rectify this. For example:
If someone is entitled to 4 public holidays, but will be taking 6 public holidays paid off
work, then their annual leave entitlement is reduced by 2 days.
If someone is entitled to 5 public holidays, but will be taking only 2 paid off work, then their
annual leave entitlement is increased by 3 days.
Study Leave
For staff accepted on the financial aid scheme, the Council grants study leave as follows:
5 days maximum revision leave per academic year is allowed as paid leave for staff on
day or block release; generally, one day per subject.
8 days maximum revision leave per academic year is allowed as paid leave for staff taking
evening classes, correspondence courses or studying privately.
In addition to revision leave, leave with pay is granted for the purpose of sitting
examinations.
Leave Policy
3
Leave for Public Duties
See page 5 for details of time off work for public duties
Leave of Absence - Service in the Territorial Army
A director may grant up to 5 days paid leave for staff who are required to attend summer
camps.
Interview Leave
Leave to attend internal interviews is allowed. Normally, however, no additional paid
leave should be granted to attend external interviews unless the individual has been given
notice of redundancy and is therefore entitled to reasonable time off to attend interviews.
In extenuating circumstances, a director may wish to grant special leave.
Time off Work for Domestic Emergencies/Unpaid Leave/Compassionate or
Bereavement Leave – please refer to the Council’s Family Friendly Framework
which is appears as item 15 in the Employment policies Table which is also on this
site.
Leave Policy
4
TIME OFF WORK FOR PUBLIC DUTIES
INTRODUCTION
1.
Employees who undertake specified public duties have a statutory right to a
reasonable amount of unpaid time off work to attend to these matters. It is
thought that in all nearly half a million employees in England and Wales are
affected by these provisions, around 370,000 of whom are school governors.
The Royal Borough, however – like most employers - is prepared to grant some
paid time off, as a way of encouraging its staff to engage in public life.
THE LEGAL RIGHT TO TIME OFF WORK
2.
Section 50 of the Employment Rights Act 1996 gives employees in England and
Wales, who hold the following public positions, the right to reasonable time off
work to perform the duties of their public offices or as members of public bodies:
•
•
•
•
•
•
•
•
•
•
3.
justices of the peace (JPs)
members of a local authority (including the Common Council of the City of
London, National Parks authorities and the Broads Authority
members of a police authority
members of any statutory tribunal
members of a health authority or special health authority or a primary
care trust
members of the managing or governing body of an educational
establishment maintained by a local education authority or a further or
higher education corporation
members of the General Teaching Councils for England and Wales
members of the Environment Agency
members of the boards of prison visitors
members of the service authority for the National Criminal Intelligence
Service or the Service Authority for the National Crime Squad
From time to time, this list is widened or amended by statutory order, and one
example of this was the addition of primary care trusts when they were
established.
ACTIVITIES COVERED
4.
The duties for which an employer is required by law to permit reasonable time off
for members of the specified public bodies are:
•
•
•
attendance at meetings of the body or any of its committees or subcommittees
performance of duties approved by the body which need to be done in
discharging its functions or those of any of its committees or subcommittees
any duties of a justice of the peace.
Leave Policy
5
REASONABLE TIME OFF
5.
An employee who performs public duties does not have the right to unlimited
time off, but only to `reasonable' time off. What is reasonable is a matter for an
employer’s judgement, but factors which should be taken into account include
the aggregate amount of time off, the circumstances and number of
occasions, and the circumstances of the employee’s work at the relevant
time, including the effect on the Council of taking time off on a particular
day.
PAYING FOR TIME OFF WORK
6.
Employees have no statutory right to be paid by their employers for some or all
the time spent on public duties. Department of Trade and Industry guidance says
that there is of course nothing to stop an employer from paying the employee but
that there is no obligation for payment to be made unless an agreement has
been entered into with the employee or trade union.
7.
One restriction on payment applies to local authority staff. Following the
Widdicombe enquiry in 1986, it is unlawful for a local authority employer to pay
for more that 208 hours' time off in any financial year for the duties of any
employee performed as a member (other than the chair) of that or any other
local authority. There are of course other restrictions also on the right of some
local authority staff to become involved in political activity.
Leave Policy
6
APPLYING TO BE A MEMBER
8.
Before applying to become a member of one of these public bodies, staff should
consult their Chief Officer to ensure that the duties can be accommodated
alongside their work for the Council. Certain senior staff have contracts which
require them to devote their whole time service to the work of the Council unless
approved by their Chief Officer and this should be borne in mind when
considering making an application.
LOCAL POLICY
9.
Where a member of staff has received approval to apply to be a member of
specified public body and has been successful in their application, the Council
will allow paid time off for the minimum number of days necessary to remain a
member. If no minimum number of days is specified, up to 12 days per year will
be allowed with pay.
10.
Any time taken off in excess of this number must be taken as unpaid leave,
annual leave, flexi leave or time off in lieu of overtime payments. Additional time
off taken in this way should be separately agreed with the individual’s manager.
11.
Any fees received, other than expenses, should be paid to the Council.
REGISTER
12.
Each Business Group should maintain a register of staff who have been granted
time off for public duties.
Leave Policy
7