Coronavirus staff guidance University Hospitals Birmingham NHS Foundation Trust

Who can carry over leave?

This option is available to all UHB staff. This includes staff on long term absence such as maternity/ parental leave and long-term sickness.

How many days can be carried over?

There is no limit on the number of days that can be carried over, however staff are encouraged to take their statutory entitlement of leave. Staff are entitled to a minimum of 5.6 working weeks per year inclusive of statutory holidays (equivalent to 28 days). The entitlement for part-time workers is calculated on a pro-rata basis.

Where staff have not been able to use their full entitlement, managers will exercise flexibility beyond the procedure limit of one week of contracted leave, pro-rata for part-time staff, so that staff in these circumstances do not lose out on the leave they were unable to take.

When does leave which has been carried over, need to be taken by?

The carry-over of any annual leave not taken by 31 March 2022 can be carried forward into the next annual leave year to be taken by 31 October 2023. Plans to take annual leave should be discussed and agreed with line managers.

Who can sell annual leave back to the Trust?

This option is available to all UHB staff. This includes staff on long term absence such as maternity/ parental leave and long-term sickness.

How much annual leave can be sold?

All staff are being provided with an initial opportunity to sell up to one week of annual leave. The leave can be sold in hours/ PAs or as a block of one working week. Requests to sell leave beyond a week will be considered only under exceptional circumstances and must be submitted to the Divisional Managing Director/Medical Director/Director of Nursing or Directors at corporate level for authorisation.

Can a request be made to carry over leave as well as sell leave this year?

Yes, this can be requested. Please note however, managers must balance the health, safety and welfare of the individual and the service needs of the trust.

Example: A member of staff with over 10 years’ NHS service who works full time has been unable to take their annual leave as a result of the COVID-19 response. Their annual leave entitlement is 41 days inclusive of bank holidays and they have taken 19 days of leave.

In this scenario, they will be allowed to carry over the remainder of their leave, i.e. 22 days (41 days – 19 days), with prior authorisation from their manager. Alternatively, they can request to sell one week of annual leave and carry over the remainder of their leave, i.e. 17 days (41 days – 19 days – 5 days if a 5-day week). The member of staff and manager must clearly plan out when the leave will be taken.

Who will authorise the leave request?

Requests to sell up to one week’s leave will be authorised at departmental level by a senior manager/head of department. Requests to sell more than one week will require authorisation from Divisional Managing Director/Divisional Medical Director/Director of Nursing or Directors at corporate level, and will take into account the overall leave management plan for the individual concerned, their health and welfare, minimum statutory leave and the service needs of the Trust.

Requests that are not sent to the approving manager at the correct level will be returned.

How can I/my team apply to sell annual leave?

To apply to sell annual leave, please complete the appropriate form.

• Non-medical and dental staff
• Medical and dental staff
• Managers completing application on behalf of staff without access to complete the form online

Requests should be submitted by no later than 11 March 2022.

Further guidance is available in the "Selling annual leave: application process" document under "Downloads".

What will happen after the application is submitted?

• Staff member will submit their request automatically to the appropriate manager who will consider the request and the annual leave remaining and either approve/reject no later than 8 April 2022
• This information will then be sent to HR
• An authorised list will be provided to the Payroll department for the payment to be administered and paid
• The amount of annual leave that the staff member is selling will then be deducted from the member of staff’s annual leave entitlement

What if the request to sell leave is rejected?

The approving manager will provide a rationale for rejection and also must discuss the reasons with the staff member who requested to sell their annual leave.

Requests that are not sent to the approving manager at the correct level will be returned.

My team do not have online access, how can they apply to sell their leave?

An online form is available for Managers to complete on behalf of their staff who do not have access to a computer/Internet during work. The same consideration and approval will be required and submitted to HR.

• Managers completing application on behalf of staff without access to complete the form online

When will the sold annual leave be paid and how?

The payment will be paid as a lump sum in the monthly payslip. It is anticipated that the payment will take place in May 2022.

What rate will the annual leave be paid at?

The rate of pay will be calculated on the member of staff’s basic salary as at 31 March 2022 for those on Agenda for Change and standard contractual pay as at 31 March 2022 for medical and dental staff in accordance with their rota template/Job Plan.

Will there be any deductions from the payment?

Yes, normal tax and National Insurance deductions will be made from the payment.

Will the payment be pensionable?

No, the payment is not pensionable.

A member of staff has pre-booked annual leave, however their plans have now changed and they do not wish to take annual leave between now and the end of March 2021. As a result, the member of staff wishes to cancel their annual leave booking. Can the manager insist the member of staff still takes their annual leave?

Any requests for cancelling annual leave should be discussed and consideration given as to the reason for the cancellation.

Staff may carry untaken leave over following a discussion and agreement with their manager and /or have the option to sell one week of annual leave by completing the online request form no later than Friday 11 March 2022. Please note however, in the interests of staff wellbeing a line manager will need to consider the interests of occupational health, safety and wellbeing of all staff.

A member of staff has been on long term sickness absence. Will they be allowed to carry over their contractual annual leave?

Staff on long term sickness are supported to take annual leave in order to maintain their physical and mental health and wellbeing through rest and recuperation.

However, in circumstances where an individual does have untaken leave, they may sell up to one week/12 PAs of leave (pro rata for part time staff) and/or carry over untaken leave by specific agreement with their manager. Staff may want to consider using annual leave in advance of any return from absence and to phase their return back in to work activity. Managers of staff who have been on long term absence should discuss the return-to-work reorientation plan with individuals, recognising that a return after any significant period of time out of the workplace needs a period of resettling and adjustment, and also recognising that some staff returning may experience heightened anxiety.

My line manager has recorded me as having booked annual leave on the roster without discussing with me first. Can they do this? 

Managers cannot book leave for staff without having the discussion with the member of staff first. 

If the manager is worried about the staff member not utilising their annual leave proportionately and are concerned that they are not getting their rest breaks, then the manager should arrange to discuss these concerns with the member of staff in the first instance and agree a plan on how they can take their remaining annual leave days.

A member of staff who could have taken their annual leave has chosen not to take it, although the service could have accommodated this leave. Can they be allowed to carry over/sell their annual leave?

Staff should be encouraged where possible to use their annual leave to ensure they receive appropriate rest breaks from work.

• Medical and dental staff

For senior medical and dental staff (Consultants and SAS doctors), the leave year often does not run from 1 April but from the date of the commencement of employment.

However, the same principles apply to annual leave and carry over. The manager considering the impact of any restrictions may also wish to look at the leave year dates and the opportunity to take leave before and after any restrictions were in place a pro rata view of the leave year from 1 April may be appropriate.

Where medical and dental staff have chosen not to book or take leave, the same principles apply as to all other staff.

For Junior Doctors (HEE & JSDs) the leave period is aligned to the placement and it is not possible to carry over leave between placements or to the future NHS employers.

Due to the COVID-19 restrictions, the Trust will authorise payments in excess of one week/12 PAs where it has not been possible to take the full entitlement of leave during a placement due to COVID-19 /service needs.