SECTION 2 – Terms and Conditions of Service
SUBSECTION 5 - LEAVE

Leave

2.045  The annual leave year commences on 1 January and ends on 31 December.

 

2.046  Dep employees will not be allowed to take paid leave during the first three months of service.

 

2.046A  Should an employee cease to be employed before the end of the leave year, having anticipated the full leave entitlement, a deduction for non-entitled days will be made from final pay.

 

Leave Entitlement

2.047  The normal leave entitlement is as follows:

  1. For employees conditioned to a five day working week: 30 working days per year.
  2. For employees conditioned to a six day working week: 36 working days per year.
  3. For employees who work less than five days per week the following formula is to be used:

Number of contracted working days in the year x 30

250

  1. Employees on fixed term contracts.  Individuals issued with fixed term contracts of employment and who work regular hours are to be allocated leave on a pro-rata basis taking into account length of service.
  2. Casual Employees.  Individuals employed on a supply or bank basis, i.e. bus escorts, invigilators, youth workers, receive an hourly rate which already includes the holiday payment.  Employees with other grades receive an additional payment in month to cover the holiday pay.

Employment Not Covering the Full Leave Year

2.048  The leave entitlement for employees who commence employment after the start of the leave year or whose employment does not otherwise cover the leave year will be entitled to 1/12 of the entitlement for each month in employment.  Employment of at least 15 calendar days within a month will, when calculating leave, be classified as a full month.  If employees who work a five day week terminate their employment between the 1 July and 31 Aug, they will be entitled to a minimum of 20 days leave, provided they have been working for a minimum of 6 months prior to the point of termination.  This takes the minimum leave entitlement into consideration.  Thereafter the 1/12th rule applies once more. 

 

2.049  If the distribution of working hours is changed during the leave year, either indefinitely or temporarily, the calculation shall be based on the number of calculated working days which would apply had the distribution of working hours on which leave is based applied to the whole leave year.  In such cases, pay cannot be recovered for leave taken in excess of the new entitlement for the remainder of that year.  See also para 2.047c.

 

Example:  An employee moving from a shift system with “16 shift holidays” in a year.  If the employee moves to a position with a regular 5-day week but has already taken 5 of his shift holiday entitlements the following would apply when converting his remaining leave entitlement for the year (5 shift holidays taken therefore 11 remaining).  This equates to 11/16th of his original entitlement.  This can now be converted to the regular 30 day holiday cycle as follows: 11 x 30/16=20.62 rounded to 21 days remaining entitlement.

 

2.050  If a Dep employee falls ill whilst on leave the working days certified by a doctor’s certificate as unfit for work shall not be counted as annual leave.  Self-certified sick forms are not acceptable in these circumstances and paid sick leave will only be issued if a medical certificate is produced.  The employee must resume work on the date originally envisaged or, in cases of prolonged unfitness for work, immediately after fitness for work has been established.

 

Special Paid Leave

2.051  Special Paid Leave may be granted by the Line Manager, in consultation with OC LSU upon application and proof of entitlement under the following circumstances:

  1. Up to three working days:
    1. Serious illness of spouse in extraordinary cases.
    2. Death of spouse.
  2. Up to two working days:
    1. Own marriage
    2. Death of a member of the immediate family; e.g. children, including foster, adopted and step children; parents, including foster, adoptive or step parents or grandparents and parents-in-law; brothers/sisters.
    3. Illness of immediate family members; e.g. parents, including foster, adoptive or step parents or grandparents and parents-in-law; brothers/sisters; provided a doctor certifies that the person requires essential care which in the absence of others the employee must provide personally.  In the case of children, including foster, adopted and step children sub para 2.051g applies.
    4. Change of residence as a result of change of employment.
    5. Birth of a child.
  3. Up to one working day:
    1. Change of residence within Station (on the day of the move).
    2. Summons to appear before an authority, provided it is not caused by the employee’s own fault and loss of salary/wage is not compensated by the authority.
    3. Performance of general civic functions or public honorary functions.
    4. First visit to a physician.
    5. Silver Wedding of the employee.  Note this entitlement must be taken within four weeks of the anniversary except in exceptional circumstances, which must be authorised by OC LSU.
  4. For the time needed for medical appointments that cannot be arranged outside working hours.
  5. Where medical appointments require travel to the UK, a maximum of 3 days special leave may be granted upon the authority of OC LSU provided that the appointment has been arranged by the BFG Health Service and that travel to and from the UK is publicly funded.  This provision does not apply where an employee arranges a private medical appointment in the UK and travels at their own expense.
  6. Where Dependants are summoned to appear in a court of law as a witness (not as a defendant), a maximum of 3 days special leave may be granted upon authority of OC LSU.
  7. Illness of a child aged 18 and under.  The ‘Special Paid Leave of Child’ form at Appendix 2 to Annex I of this instruction is to be completed and is to be handed to the line manager/supervisor immediately on return to work.  The form must include the child's name.  The release from work can, in the course of a year be certified for various instances of illness of a child up to 10 days per child with a maximum of 25 days per family in a calendar year.  The line manager/supervisor is to confirm that the form has been completed correctly and forward a copy to the GLSU.  In cases where a Dep employee is required to accompany a child attending a medical appointment in the UK the provisions at para 2.051e apply.
  8. Dependants who hold positions on SCE School Advisory Committees may be granted ½ a day special paid leave on three separate occasions within the school academic year in order to attend committee meetings.  Advance notice of 2 weeks will be required together with proof of Advisory Committee membership.
  9. Where compassionate leave and official travel at public expense has been authorised for a service person or UKBC by HQ BFG G1 for the serious illness of their and/or their spouses registered as emergency contact/next of kin, 3 days special leave and thereafter unpaid leave may be granted by OC LSU so that the spouse may accompany the head of household.

2.052  Special paid leave may be granted:

  1. Retrospectively if an application is made on return to work and it would be unreasonable because of the urgent nature of the requirement to have expected the employee to notify his/her unit beforehand of the circumstances.
  2. Before annual leave is exhausted to enable a Dep to use a reasonable amount of annual leave for holiday purposes.
  3. In cases where special leave is granted under these provisions and where travel is necessary up to two days unpaid travelling time will be authorised.
  4. Time off may be granted, dependent upon work commitments, to attend the AFF Annual Conference in BFG and Authorised Dependant Employment Council Assemblies.

Education Leave

2.053  Dep employees who have completed 6 months service and have an entitlement to paid leave are entitled to 5 days education leave within a calendar year, subject to the needs of the Service or is part of personal development and with line management and OC LSU approval.  Education leave may be carried forward to give a maximum entitlement of 10 days leave in two calendar years, but may not be taken in advance.

 

2.054  Paid education leave may be approved where a Dep employee is undertaking a course of study leading to a recognised educational or professional qualification, certificate or diploma.  Education leave should not be granted for the purpose of revision for examinations, it may, however, be granted for examination attendance.  The criteria to be applied are that the course could normally be undertaken and examined within the UK public educational system and in one of the following subjects, although the list is not exhaustive:

 

Business Studies

Mathematics

Cartography

Modern Languages (including Welsh)

Computing Science

Philosophy

Economics

Psychology

Engineering

Public Administration

English

Scientific and Technological Subjects

Environmental Studies

Social Studies

European Economic Community

Statistics

Geography

Surveying

History

Valuing

Industrial Relations Law

Work Study

NVQ Training

 

 

2.055  Dep employees should apply for education leave in writing to their line manager with the details of the course they are undertaking, the qualification they are working towards and leave dates sought.  Applications for educational leave are to be submitted at least 6 weeks in advance, however, line management should exercise flexibility in situations where due to the nature of the course being undertaken etc. it is not possible to provide the requisite notice period.

 

Leave Carried Forward

2.056  Transfer of leave up to a maximum of one week to the following year may be permitted only where urgent operational or personal reasons such as illness prevent the taking of leave by 31 December.  In such cases leave must be applied for before 31 December and is to commence before 31 March of the following year unless the employee is prevented by unfitness for work in which case the leave is to be commenced within two months of the establishment of fitness for work.  The authority of OC LSU/OC Cat B Unit is required in all circumstances where leave is to be carried forward.

 

Transfer of Leave

2.057  Dep employees transferring between BFG Agencies without a break in service remain employed with the same employer i.e. the Crown and will not, therefore, be required to take their leave prior to the transfer to another Dep employment.  However, wherever possible employees should be encouraged to take outstanding leave prior to transfer and any carry-over leave to a new post must be agreed with the LSU prior to taking up the new post.

 

Payments in Lieu of Leave

2.058  Payment in lieu of leave may not be made during a period of employment.  Dep employees are not permitted to take leave after their termination of employment.  Where, due to operational reasons, an exceptional payment can be made for any entitled leave an employee has been unable to take before their last day of service, such payment may only be made with the written authority of the Budget Holder or his delegated representative.  It is not permissible to make payments in lieu of leave in cases of transferring to another agency because the employee's employment relationship does not end.

 

Unpaid Leave

2.059  Unpaid leave should only be permitted on compassionate grounds where travel outside BFG is necessary.  Under no circumstances should unpaid leave be considered an entitlement.  Unpaid leave on compassionate grounds is granted at the discretion of the User Unit in consultation with and approval of OC LSU.  All other cases for the granting of unpaid leave are to be referred to OC LSU/OC Cat B Unit for a decision.

  1. Where unpaid leave is taken over a public holiday, the provisions of para 2.036 apply.
  2. Unpaid maternity leave is dealt with at sub section 7
  3. Unpaid parental leave is dealt with at sub section 7.

2.060  Up to two weeks unpaid leave per calendar year may be granted to employees in order to allow participation in exercises or training camps of the UK Territorial Army.  This unpaid leave may only be authorised by the OC Employing Unit/User Unit after consultation with the OC LSU.

 

2.061  Periods of unpaid leave are to be ignored in determining incremental dates (see para1.059).

 

Revised: 1 JUL 15