Carrying over and selling annual leave
Carrying over annual leave
Where it is possible to take any outstanding leave before the end of the leave year, managers and staff should work together to achieve this in the interests of occupational health, safety and wellbeing.
With agreement from your line manager, up to one-week contracted hours may be carried through to the next leave year. This leave must be taken within the first month of the new leave year, unless otherwise agreed with the line manager.
In exceptional circumstances, it may be necessary for more than one weeks’ contracted hours to be carried through to the next leave year. Where this occurs, this should be reviewed on an individual basis and where approved, leave carried over must be taken within the first six weeks of the following leave year.
Please note there is a variation for junior doctors around the carrying of annual leave, where the leave period is aligned to the placement and different arrangements are in in place.
Selling Annual leave
The next opportunity to sell annual leave back to the Trust will be in February 2024. Colleagues are able to sell up to one week’s annual leave back to the Trust.
Those who wish to sell leave from the 2023/2024 leave year must apply in February 2024.
If you purchased additional leave, but find you are unable to use it by the end of the annual leave year, you can carry over a maximum of five days. Please note, you will not be able to sell leave that you have purchased. This varies for junior doctors, where the leave period is aligned to the placement and different arrangements are in place.
You can apply to Sell Annual leave via the following link:
Questions and answers
Can a request be made to sell annual leave as well as carry over annual leave?
Yes, this can be requested, however colleagues must not have less than the legal entitlement of 20 days to take as annual leave, either taken or booked between 1 April 2023 and 31 March 2024. This will be pro rata for part time colleagues.
Colleagues should also ensure they have enough annual leave either planned or available to book to allow adequate rest between now and 31 March 2024.
How will the rule regarding staff not having less than the legal entitlement of 20 days to take as annual leave be enforced?
Colleagues are responsible for checking that their own annual leave requests do not leave them with less than 20 days either taken or booked in the 2023/2024 leave year. Staff with lower annual leave entitlements (e.g.27, or 29 days) will be able to sell/carry over less.
Managers are responsible for confirming that any requests do not leave their staff members with less than 20 days either taken or booked in the 2023/2024 leave year. Requests that leave staff with less than 20 days must be declined and/or revised to ensure that colleagues have 20 days statutory annual leave either taken or booked in the 2023/2024 leave year.
| A/L Entitlement (Days) | Maximum Carry Over & Sell Back (Days) |
|---|---|
| 27 | 7 |
| 29 | 9 |
| 33 | 10 |
What if a request to sell annual leave is rejected?
The approving manager will provide a rationale for the rejection and must also discuss their reasons with the staff member who submitted the request.
My staff do not have access to the online form, how can they apply to sell their leave?
Managers are able to complete the application on behalf of their staff who do not have access to a computer/internet during work. The same consideration and approval will be required.
When will sold annual leave be paid, and how will I receive this?
Sold annual leave will be paid as a lump sum in April 2024. This will be reflected on the payslip.
What rate will sold annual leave be paid at?
The rate of pay will be calculated on the staff member's basic salary as at 31 March 2024 for those on Agenda for Change, and on standard contractual pay as at 31 March 2024 for medical and dental staff (in accordance with their rota template/job plan).
Will there be any deductions from the payment?
Yes, standard income tax and national insurance deductions will be made from the payment.
Will the payment be pensionable?
No, the payment is not pensionable.
Can leave already booked be cancelled, if the staff member cannot use it before 31 March 2024?
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 application no later than Monday 26 February 2024. 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.
Can staff on long-term sickness absence 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 this 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.
If a member of staff is unhappy about a decision made on their request for selling annual leave, they should discuss this with the approving manager in the first instance.
If there is no resolution, they can write to the People Directorate Advisory Team by email for their request to be independently reviewed. The outcome of that independent review will be final.