Leave policy (PS 165)

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SECTION 2 AIMS / OBJECTIVES

Annual leave and bank holiday entitlements are provided for in Police Regulations 2003 for police officers and Police Staff Council handbook and written statement of particulars of employment (contracts of employment) for police staff.

The aim of the policy is to set out:

annual leave and bank holiday entitlements for different groups
the principles for handling annual leave requests
a framework that is equitable, consistent and transparent allowing police officers and police staff to take time off for rest and recuperation whilst the Force maintains the appropriate service to the community of Nottinghamshire. Therefore, supporting individual’s wellbeing and fulfilling the force criteria to develop a workforce fit for the future and earning the trust and confidence of our communities

The policy is applicable to police officers and police staff. Police staff refers to staff of Nottinghamshire Police and staff of the OPCC. Where there are differences this is highlighted.

2.1 Key Principles:

2.1.1 Leave period and entitlement

The Force holiday year runs for the 12 month period 1 April to 31 March inclusive
Annual leave is based on length of service for police staff and federated police officer ranks
Annual leave entitlement for Superintendents and above is shown in the annual leave entitlement section 3.1
Annual leave is considered in hours rather than days for system purposes; therefore a leave day for a:
- police officer working 40 hours per week is 8 hours
- police staff member working 37 hours a week is 7 hours 24 minutes

This is pro rata for individuals working part time.

Individuals changing their working hour’s part way through a holiday year will have their annual leave recalculated to reflect the new hours worked
Annual leave increases at the anniversary of employment or service and the remaining leave will be recalculated when an individual is entitled to additional leave.

2.1.2 Leave requests/approval process

Requests for annual leave should be made with a reasonable period of notice. Departments may have specific time frames for requesting annual leave. Longer notice may be required during particularly popular periods, such as school or public holidays. Individuals cannot submit leave, which is more than 12 months in advance. It is the individual’s responsibility to be aware of local arrangements when requesting leave
Line managers for police staff/RMU for police officers and rostered police staff will respond to annual leave requests within a reasonable timeframe
Look sympathetically on requests for holidays before, during or after a partner’s overseas deployment, when the service person has leave to spend time with their family
As part of Nottinghamshire Police’s commitment to military personnel, individuals who request leave to match their operational partner’s leave commitment, line manager should consider this request favourably where operationally possible
Police Officers and Police Staff are able to request annual leave to be taken during periods of suspension or sickness absence
Annual leave must be approved by the line manager for flexi time police staff prior to taking the time off
Annual leave for police officers and rostered police staff must be approved by RMU prior to taking the time off
All public holiday leave must be approved by RMU prior to taking the time off for all individuals who work a shift pattern that requires them to be rostered on public holidays
It is expected that police officers and police staff will return from annual leave on the agreed date of return. Failure to return on the expected date may result in the individual being subject to misconduct proceedings if the absence is for unacceptable reasons. Arrangements should be also made to cover that period of absence with leave, TOIL, flexitime etc

2.1.3 New starters and pre booked leave

During the recruitment process, prospective police staff/officers may be asked whether they have any leave booked that would take place after commencement of employment. If the individual is recruited, we will normally allow such leave to be taken except for mandatory training programmes
The rules on accrual of annual leave may mean that the police staff/officer has not, at the time that leave is to be taken, accrued such length of leave to cover their holiday. In this case, the police staff/officer and the line manager will agree how any time off in excess of accrued leave will be covered

2.1.4 Leaving employment or termination of employment

Individuals leaving Nottinghamshire Police should use accrued annual leave during their notice period. In circumstances where the Force has refused the individual the opportunity to take their annual leave the accrued, but unused, leave will be paid
Individuals who leave the organisation whilst on sickness leave may be entitled to receive payment in respect of outstanding leave in line with the Working Time Directive
Individuals who do not return to work following a period of maternity/adoption or shared parental leave may be entitled to receive payment in respect of outstanding leave
Individuals who leave Nottinghamshire Police having utilised more annual leave than they have accrued will be required to pay the outstanding amount or make up the time

2.1.5 Purchasing of additional annual leave substantive police staff and police officers

The purchase of additional annual leave scheme builds on the existing provision for unpaid leave and career breaks. The scheme allows police staff/officers to ‘buy’ extra annual leave entitlement of up to one week (40 hours police officers/37 hours police staff) per annum (or in exceptional circumstances only, two weeks/80 hours police officers/74 hours police staff per annum), pro rata for part time police staff/officers
Police staff/officers must have successfully passed their probationary period or Work Based Assessment in order to apply to purchase additional annual leave
Requests to buy additional annual leave should be made prior to the commencement of the relevant leave year. Police staff/officers who wish to buy one week’s annual leave (pro rata’d for part time police staff/officers will have their annual salary reduced by one weeks pay, and this deduction will be spread equally across each month’s salary i.e. one week’s salary will be recovered over a 12 month period. Income tax and National insurance will be calculated based on the reduced salary. However, pension contributions will be calculated on the basis of the unreduced salary
Line managers may consider requests for buying leave during the year where a police staff/officer’s circumstances change and they find they need to take additional leave. The salary cost will be recovered in equal instalment from the salary payable in the remainder of the same leave year. Please note. the carryover of annual leave rules will apply as detailed in this policy
Police staff/officers may buy one week’s leave, (in exceptional circumstances two weeks can be bought) for the forthcoming leave year with the approval of the senior leadership team. It is not acceptable to purchase less than one week’s leave (pro rata for part time staff). The annual leave will be added to the police staff/officer’s normal annual leave entitlement and will be authorised in the same way as normal annual leave. There is no requirement that this additional leave will need to be taken as a block week
The police staff/officer should complete form G2995 application to purchase the additional annual leave application form and forward to their line manager. The line manager will consider and complete the application to support or reject the application and forward to the Head of Department/Chief Superintendent who will approve/decline the request
All requests will be given full consideration. The presumption is to allow the police staff/officer as much flexibility as possible whilst ensuring the operational needs of the service are maintained. Where it is not possible to accommodate the request, a written response detailing the reasons why the application has not been successful will be provided
Although supported/approved by the Line Manager/Head of Department or Chief Superintendent, no request will be finalised until all payroll checks have been completed. These will take into account any other salary sacrifices an officer/police staff may have. The officer/staff should not be left with less than the National Minimum Wage
Unless there are exceptional circumstances police staff/police officers should not seek to buy extra leave if they have already carried over leave from the previous year
Police staff/officers who are actively being managed within the formal stages of the sickness absence and performance management policy will not be eligible for this scheme
Once the police staff’/officer’s request to purchase additional leave has been processed and has commenced, if the individual changes their mind, we cannot reverse this process
If a police staff/officer who has opted into the scheme terminates their employment/service part way through the year the remaining payments will be deducted from their final salary payment

2.1.6 Unpaid Leave

Requests for unpaid annual leave should be made by completing form G2994 with a reasonable period of notice.

Unpaid leave must be approved by the line manager for flexi time staff prior to taking the time off
Unpaid leave for police officers and rostered police staff must be approved by RMU prior to taking the time off
All unpaid leave will be subject to operational requirements. Individuals should be aware annual leave will not accrue during unpaid leave and their annual leave entitlement is recalculated if unpaid leave is taken
A period of unpaid leave does not qualify as reckonable service for:
- pay increments, (future increments will be deferred by a period equivalent to the period of absence.)
- Any increase in annual leave entitlement
- Long service award

Unpaid leave (police officers)

For police officers the pensionable service date must be put back by one day for each day that officer is given unpaid leave
Any unpaid leave days taken in the three years prior to leaving the police could reduce an officer’s pensionable payment, as this may affect the pay that is used to calculate the officer’s pensionable amount

Unpaid leave (police staff)

There is the option, for 30 calendar days after the individual’s return to work, to make good their pension contributions, or they will take a pension break, which would mean their unpaid leave period would not count to their pensionable service.

Payroll /LGPS will contact staff members following their return to work to ask if they wish to make good their pension contributions. If so, they will be recovered over an equivalent period to the unpaid leave.

SECTION 3 POLICY STATEMENTS

3.1 Annual Leave Entitlement

Constable, Sergeant, Inspector, Chief Inspector are entitled to:

Less than 2 years relevant service: 22 days (176 hours)
2 or more years relevant service: 25 days (200 hours)
5 or more years of relevant service: 25 days (200 hours)
10 or more years of relevant service: 27 days (216 hours)
15 or more years of relevant service: 28 days (224 hours)
20 or more years of relevant service: 30 days (240 hours)

Superintendents and Chief Superintendents are entitled to 31 days (248 hours) annual leave per annum.

Police Officers, above the rank of Chief Superintendent are entitled to 42 days, (336 hours), annual leave per annum, increasing to 48 days (384 hours) per annum for those with ten or more years’ service at ACPO rank. However, our chief officer team locally agree based on the national directive to cap annual leave at 35 days (280 hours) maximum.

Police Staff are entitled to:

Basic leave allowance: 24 days (177.6 hours)
After 5 years’ service: 29 days (214.6 hours)
After 10 years’ service: 32 days (236.8 hours)

3.2 Application

Annual leave should be taken in accordance with the following principles:

The notice period for requesting annual leave should not be less than the duration of the leave requested (e.g. 1 weeks’ notice for 1 weeks leave where possible)
A minimum of 2 months’ notice will be required for requests for annual leave that exceed 2 weeks duration
There are occasions when exceptional circumstances may require annual leave to be requested at late notice. A minimum of 1 days’ notice should be provided where possible.

3.3 Carry Over of Annual Leave

Police officers and police staff are permitted to carry over up to 5 days (40 hours for police officers and 37 hours police staff annual leave from the current leave year to the next. Balances of up to 5 days (40 hours for police officers and 37 hours police staff) are automatically carried forward. This is pro rata for individuals working part time. Leave which is carried forward will be deemed to be the first leave taken in the ensuing year. This must be taken within 3 months of the start of the leave year.

If exceptional personal or operational circumstances prevent an individual from using their leave within the current leave year, a nominated Chief Superintendent will consider all the additional carry over requests and may consider the approval of additional carry over of up to a further 5 days (40 hours for police officers and 37 hours for police staff). A total carry over of 10 days/80 hours for police officers and 74 hours for police staff (5 automatic and 5 senior officer approval) will not be exceeded. This is pro rata for individuals working part time.

Please see below for the specific arrangements for carry over following long term sickness and/or maternity/adoption or shared parental leave absences. For these circumstances the request should come to RMU to collate. The Head of People Services would review and decide if the carry forward of leave request can be approved in conjunction with the Deputy Chief Constable. Individuals should ensure that carry forward of annual leave request is done in a timely manner, in case the carry forward of leave request is declined/changed.

(a) Long-term Sickness Absence

Police officers and police staff who have been unable to take annual leave because of long term sickness absence, (28 days or more), will, (in line with the Working Time Regulations), be entitled to carry over up to 4 weeks’, (20 days/160 hours for police officers or 148 hours for police staff and pro rata for part time individuals), annual leave less any annual leave or bank holidays already taken, to the new leave year if:

the long term absence on sick leave continues into a new leave year; or
the return to duty is late in the leave year and the individual did not have the opportunity to take all their annual leave before the end of the leave year

Any annual leave carried over following long term sickness absence must be taken within 18 months of the end of the leave year in which it was accrued.

Line managers should discuss outstanding leave with the individual and work to agree a pattern for this to be taken in accordance with the policy.

There is no definition of ‘late in the leave year’. This can be for determined by managers in the light of operational requirements and the individual circumstances.

Any outstanding leave in excess of the maximum periods for carry over, identified above, will be lost.

All of the above carry-over entitlements apply pro-rata for officers or staff working part time.

(b) Maternity/Adoption/Shared Parental Leave Absence

Police officers that have been unable to take all of their annual leave/bank holidays in the leave year due to being on maternity/adoption or shared parental leave will be entitled to carry over the balance to the appropriate leave year when returning to work.

Police staff can take annual leave during a break in maternity leave; otherwise, any accrued or unused annual leave should be carried over to the next leave year.

3.4 Planned Extended Leave

Extended leave is defined as leave that extends beyond 4 weeks, (160 hours for police officers and 148 hours for police staff). Police officers and police staff are allowed the opportunity to bank a maximum of 5 days, (40 hours a week for police officers and 37 hours for police staff and pro rata for individuals working part time), of their normal annual leave entitlement over a period of 4 years to enable them to take, in subsequent years, a longer period of leave for the purposes of:

Visit to a family member/or partner’s family overseas
For religious observance
An extended travel ambition
Further education not supported by Nottinghamshire Police

The 5 ‘banked’ days are a separate provision to the carry forward of up to 5 days in 3.3 above.

The individual must provide advance notice of their intention to take extended leave to their line manager, who will notify RMU to enable adjustment of leave allocation.

The individual must provide a minimum of 6 months’ notice of their intention to request extended leave. A minimum of 2 month’s-notice is required for the specific dates requested. All requests will be considered on their merits and will be subject to the exigencies of the Force. The approval of the Head of Department/Chief Superintendent is required for all requests with a recommendation from the line manager.

The maximum period of extended leave that may be taken, inclusive of entitlement for current year, is 6 weeks, (240 hours for police officers and 222 hours for police staff), on any one occasion in any 5-year period.

3.5 Bringing Forward of Annual Leave

The line manager may approve an individual’s request to bring forward a maximum of 5 days annual leave from the next years leave entitlement, to be taken in March only. Priority in granting annual leave must initially be to those individuals using the actual leave year allocation of annual leave.

3.6 Cancellation of Leave

There may be occasions when an individual wishes to cancel booked/authorised leave at short notice. The line manager may refuse such a request if there may be an impact on the department or service. The line manager should confirm reasons for refusal to cancel authorised leave.

In extreme operational circumstances it may be necessary for Nottinghamshire Police to cancel booked leave.

Police staff: Leave that is cancelled by Nottinghamshire Police will be re-credited to the individual’s leave entitlement balance.

Police officers: Where it is operationally necessary to recall a police officer to duty, compensation will be granted in accordance with Police Regulations 2003, Regulation 33, Annex O.

3.7 Sickness during a Period of Planned Annual Leave

Should an individual become ill during a period of planned annual leave, the individual must advise their line manager on the first day of sickness and must record their sickness absence using My Zone.

If the correct reporting procedures are followed the annual leave will be re-credited to their annual leave allowance.

If an individual has failed to follow the correct reporting procedures and wishes to have their annual leave re-credited they will be required to provide a medical certificate or fit note. Individuals are responsible for any costs associated with supplying a medical certificate or fit note.

Providing that the same principles above for having annual leave re-credited are followed, other periods of planned paid leave may be re-credited dependent on the type of leave it is and how the leave was accrued. This should be discussed and agreed with your line manager.

Please note that should an individual become ill during a period of scheduled unpaid leave such as rest days, rest days in lieu, free days and public holidays will not be re-credited.

Annual leave continues to accrue whilst an individual is absent due to sickness. For police officers and staff returning to work after a long term illness:

• Leave allowance is considered at contractual level if return to work in current leave year
• Leave allowance remaining from a previous leave year is calculated at statutory level (see 3.3 (a) carry over of annual leave - long term sickness)

3.8 Public Holidays Police Officers

Police Officers

All police officers are entitled to paid leave for recognised national holidays, otherwise referred to as Public Holidays. Part-time police officers will have a pro-rata entitlement to Bank Holidays.

Annex E of the Secretary of States Determination made under the Police Regulations 2003, allows constables and sergeants to propose substituting a day which is not a public holiday for any day which is, with the exception of 25 December. The substitution is subject to Chief Officer approval. When the substitution is approved, the day becomes a ‘public holiday’ and is treated as per Annex H of the Determinations. The substitution is subject to an annual
request.

If a police officer chooses not to propose a substitution the original public holiday stands.

Police Staff

All police staff are entitled to public holidays which are designated by the government. Police staff who wish to observe religious/holy holidays which do not coincide with public holidays in England should request annual leave or unpaid leave to cover these periods. These requests will not be unreasonably refused.

SECTION 4 LEAVE FOR RELIGIOUS OBSERVANCE

Police staff who joined Nottinghamshire Police prior to 1 April 2004 and who were therefore employed under the conditions of the Nottinghamshire County Council Orange Book, who wish to observe religious/holy holidays that do not coincide with public holidays in England retain the right to 4 days/29.6 hours (pro rata for part time police staff) paid time off for the purpose of observing religious/holy festivals or other religious observance in accordance with their continuous written statement of particulars of employment (contract of employment.)

The police staff member should provide their line manager with information as to the religious/holy festival or religious observance that they will be participating in.

SECTION 5 CLOSURE OF OFFICES

Heads of Department or Chief Superintendents of non-operational departments may, at their discretion, close between Christmas and New Year providing that:

the closure is approved in advance by the Chief Officer of the area which wishes to close
the individuals all take annual leave on the days lost
reasonable notice is provided that the department will be closed

SECTION 6 LEGISLATIVE COMPLIANCE

This document has been drafted to comply with the general and specific duties in the Race Relations (Amendment) Act 2000, Data Protection Act, Freedom of Information Act, European Convention of Human Rights and other legislation relevant to the area of policing such as, Employment Act 2002, Disability Discrimination Act 1995, Sex Discrimination Act 1975 and Employment Relations Act 1999.

Addendum to PS 165 Leave Policy

The 4 weeks of statutory annual leave granted by Working Time Regulation 13 cannot generally be carried between leave years, with exceptions when a worker cannot take annual leave due to sickness absence or maternity leave.

A further exception is now included due to circumstances linked to the Coronavirus pandemic. The Working Time (Coronavirus) (Amendment) Regulations 2020 relaxes Working Time laws on statutory leave.

The amendment effective from 1st April 2020 provides that workers have the right to carry forward untaken holiday for two years where it has not been reasonably practicable to take the leave due to the coronavirus (COVID-19) pandemic.

The measure is to protect workers from losing their holiday entitlement and to provide employers with flexibility and staff to deal with the consequences of the coronavirus outbreak.

In relation to carry over of annual leave, Section 3.3 of the force Annual Leave Policy states, Police officers and police staff are permitted to carry over up to 5 days annual leave from the current leave year to the next. Balances of up to 5 days are automatically carried forward. This remains the force policy.

The new regulation will be considered through the existing “exceptional circumstances” referred to in Section 3.3 of the Leave Policy. Officers and staff who have been prevented from using their leave within the current leave year as a direct result of leave cancelled by the organisation due to operational requirements relating to our response to the Coronavirus pandemic should submit a request to their Head of Department/ Division who may approve the carry-over of up to 20 days for use within the next two year period.

RMU will maintain a list of all leave cancellations for the pandemic in order that Heads of Departments can clarify carry over requests quickly.

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PS 165:
Leave policy

Type of Document:
Policy

Version:
2.4

Registered Owner:
Head of People Services and Organisational Development

Author/Reviewer:
Sue Sullivan

Effective Date:
October 2023

Review Date:
October 2028

Replaces Document (if applicable):
N/A

Linked Documents:
PS 147 Attendance Management Policy
PD 610 Attendance Management Procedure
PG 023 Attendance Management Guide

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