Grampian BMA LNC

Leave

This guidance is provided by the LNC in response to queries raised by career grade colleagues. It is a summary of the BMA LNC understanding of some of the extant arrangements with NHSG which have given rise to discussion or generated queries.

Annual

Each department has its own specific variations but they should all adhere to the following, and if not, please seek advice through the LNC:

The calculation of annual leave is not as straighforward as is often supposed. Colleagues are directed to the Consultant or SASS areas of the BMA Scotland website for detail however you should bear in mind that the basic allocation of leave is supplemented by the NHSG agreement to convert medical and dental public holidays to annual leave (see agreement in the 'archive' section of this website). Additionally on call frequency may add extra days of annual leave to individual allowances. Finally, those who undertake remote and rural clinics with overnight stays will secure TOIL as per the agreement in the 'archive' section of this website).

Public holidays are variably honoured by departments. If you are required (and being rostered on duty or on call for part of a public holiday counts as being required) to be at work or available for work then you will be entitled to time off in lieu and payment of time and 1/3.

The leave year in NHS Grampian runs from March-March for career grade staff. Colleagues should be mindful not to accumulate leave towards the end of the leave year beyond 5 days as there is often competition to 'use up leave' in the first calendar months of each year.

In line with Terms and Conditions of service the LNC has an agreement with NHSG that up to 5 days of leave may be carried forward each leave year by informing the line manager of this request. There has been considerable misunderstanding of this arrangement since other staff groups are not allowed to carry over leave. It rests on the fact that medical and dental staff are the  

          only staff group to prospectively cover their own annual leave (ie there is no financial cost to the organisation). If any colleague has  

          difficulty in making this arrangement they are encouraged to seek support from the LNC.

A notice period of 6 weeks (ie 42 days) for leave requests will generally ensure you can take the leave - particularly where contractual prospective cover has been agreed with colleagues. A shorter notice period does not mean leave cannot be taken but it may lead to leave being declined if the service cannot accommodate the request.

In addition to requesting time off by the paper system, it is suggested that cancellation/modification of clinical commitments is agreed and written/e-mail confirmation that this has been actioned is secured.

Where a colleague has to cancel (or is unable to take) annual leave in a reasonable timeframe by reason of clinical commitments (for instance during a staffing crisis) leading to an inability to take the leave before the end of a leave year, it may be possible to carry more than 5 days of leave over - an explanation for the request would need to be submitted to the director of workforce together with evidence of the leave requested and the requirement to provide clinical service.

Please note that public holiday leave allowance does accrue during maternity leave.

Study & Special

NHSG has a study/special leave application form. The same time frames are envisaged for application for these types of leave as for annual leave.

It is a requirement of NHSG that an application is completed and the estimated costs signed off before a remuneration form can be accepted for payment of expenses.

For those with a significant and predictable commitment to special leave (College, BMA etc) it is recommended that these are included in job planning in advance.

Irregular

The consultant contract does not stipulate cover for colleague absence beyond prospective cover for annual and study leave.

There is a professional expectation that colleagues will do their best to provide cover in unpredictable absences for a limited period. This will certainly not exceed a total of 2 weeks. There is an agreed policy to cover these situations with remuneration levels (see NHSG intranet for details - 'Irregular leave policy'). This policy must not be applied to predictable or prolonged absences or to proviing cover at other rota grades.

In no circumstances is a colleague expected to 'pay back' cover provided during periods of sickness or other irregular leave.

In predictable (eg absence for a planned operation, or maternity leave) or prolonged (sickness beyond short term of up to 2 weeks) there is no agreed policy. Colleagues willing to provide cover in these circumstances should seek written agreement with line management for terms and remuneration before undertaking the work. The LNC would be pleased to offer support in this circumstance.

Uncovered rota slots which cannot be covered are the responsibility of NHSG. Colleagues are advised to make any gaps clear to line management as soon as they are aware of them.