Annual Leave Policy

Annual Leave Policy

This policy was adopted by the Council at its meeting on 28th Feb 2024 under item 24/28a. For review annually

1.  Annual leave entitlement

All workers are entitled to receive paid annual leave. Under the 2022 NJC pay agreement, the basic leave entitlement for a full-time staff member is 23 days per annum, with an increase to 26 days for those with 5 years or more service. This came into effect from 1st April 2023. Part-time employees receive a pro-rated entitlement according to their hours of work.

2.  Bank and public holidays

As the Council abides by the NJC “Green Book” terms, in addition to bank & public holidays, employees will also be entitled to 2 “extra statutory” days holiday, the dates of which will be agreed locally.

3.  Working part-time

If a worker’s entitlement to Bank Holidays exceeds the number of days that fall on their normal working days (typically because they don’t work on Mondays), they will be able to take the excess as leave. If their entitlement to Bank Holidays is less than the number of Bank Holidays that fall on their normal working days (typically because their normal working days include Mondays), then they can make up the difference by using their leave entitlement.  With agreement from the Clerk (or the council in the case of the Clerk), they may be able to work additional hours to make up the deficit or take unpaid leave.

4.  Variable hours workers

Statutory minimum holiday entitlement is based on 5.6 weeks of holiday per holiday year, including bank and public holidays. Where variable hours are worked, the actual weekly holiday entitlement will be calculated on a pro-rata basis depending on the average number of hours worked per week, over a 52-week reference period, excluding any weeks when no work has been undertaken.

5.  Leave year

The leave year runs from 1st April to 31st March. It is an employee’s responsibility to manage their leave in such a way that they can take it all during the leave year. Their annual leave entitlement will be pro-rated in their first and last year of employment with the council.

6.  Carrying over leave

All annual leave should be taken in the leave year during which it is accrued. In exceptional circumstances, and only with prior consent from the Clerk (or the council in the case of the Clerk), an employee will be permitted to carry forward up to 5 days leave. This must be taken within the first two months of the new leave year.

7.  Requesting leave

An employee should request leave from the Clerk (or the council in the case of the Clerk), with as much notice as possible. This will allow the council to plan workloads. Before granting leave, it will consider:

  • The team’s workload,
  • The need for office or team cover, and,
  • Whether other staff have or are likely to ask for the same time off (e.g. a popular holiday time).

The Clerk/council will balance their needs against the needs of other staff before agreeing to leave.  If they take leave without such permission, it will be treated as an unauthorised absence and dealt with under the Disciplinary Procedure.

8.  Sickness during leave

If an employee becomes ill during a period of paid annual leave, they must comply with the requirements of the sickness reporting and certification procedure if they wish to have this sickness period discounted from the period of paid leave taken. It is important that they contact the Clerk (or the Council in the case of the Clerk), on the first day of sickness and keep the council up to date during the period of sickness.

9.  Payment of annual leave

Holiday pay is calculated on the employees’ average earnings.

10.  Payment in lieu

The council does not offer payment in lieu of leave entitlement unless an employee is leaving the council and has not taken leave entitlement that they have accrued at the time of leaving. 

If they leave during the course of a leave year and cannot take any outstanding accrued leave before their last day, they will receive a payment in lieu of any outstanding accrued leave. In such a case, a calculation will be made of the amount of paid leave due to them, on a pro rata basis, for that part of the leave year up to the date of termination of the contract.  Holiday pay will be based on their current rate of pay including any regular overtime.

If, however, an employee has taken more paid leave than is due by this calculation, then a deduction will be made from their salary payments for an amount at their basic daily rate for the days in question.  Such a deduction will be deemed to be a contractually authorised deduction.

This is a non-contractual procedure which will be reviewed from time to time.

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