Lenght of service calculation

FBaby

Oh and although HR should be able to tell you, your manager should understand this. They/you need to read Agenda for Change.

Also wouldn't suggest you tell HR that you are due to up to 33 days next year even if thats what your manager is telling you as they would be entitled to claim those days back and someone in HR is bound to pick up on it.

TELLIT01

FBaby wrote: »

Oh and although HR should be able to tell you, your manager should understand this. They/you need to read Agenda for Change.

Also wouldn't suggest you tell HR that you are due to up to 33 days next year even if thats what your manager is telling you as they would be entitled to claim those days back and someone in HR is bound to pick up on it.

If the OP does inform HR that they have been told they are entitled to X days, request that HR confirm those figures to be correct and also that those days cannot be claimed back at a later date. That should concentrate their minds, assuming they don't simply refuse to confirm the numbers.

getmore4less

FBaby wrote: »

What this mean is that whatever you've gained previously will be honoured, so if you work for say 11 years and you are therefore entitled to 33 days, that entitlement will remain however long you are out of the NHS after these 11 years. You've earned that entitlement.

It doesn't however mean that you can add the years. You had just over 5 years continous employment so you are entitled to 29 days, rather than 27.However to get 33, you'll have to gain 10 years continuous service, ie. no interruption, so you'll earn that in Dec 2024.

https://www.nhsemployers.org/tchandbook/part-3-terms-and-conditions-of-service/section-13-annual-leave-and-general-public-holidays

13.1 Staff will receive the entitlement to annual leave and general public holidays as set out in Table 6 (see Section 12 for provisions on reckonable service).

https://www.nhsemployers.org/tchandbook/part-3-terms-and-conditions-of-service/section-12-contractual-continuity-of-service

12.4 On returning to NHS employment, a previous period or periods of NHS service will be counted towards the employee’s entitlement to annual leave.2

2. See the question and answer guidance in Annex 28 (England and Wales) or Annex 28 (Scotland and Northern Ireland).
Information note number 2: amendment number 34

https://www.nhsemployers.org/tchandbook/annex-26-to-29/annex-28-guidance-on-faqs-england-and-wales

Paragraph 4

Footnote number 2

When calculating entitlements to annual leave should I take account of a single period of previous service or should I aggregate several periods?

An employer must include all reckonable service when calculating annual leave entitlement (12.1 and 12.4). Paragraph 12.2 gives discretion to employers to decide what previous (non-NHS) employment can count towards annual leave entitlement.

(my bold)

t0rt0ise

FBaby wrote: »

What this mean is that whatever you've gained previously will be honoured, so if you work for say 11 years and you are therefore entitled to 33 days, that entitlement will remain however long you are out of the NHS after these 11 years. You've earned that entitlement.

It doesn't however mean that you can add the years. You had just over 5 years continous employment so you are entitled to 29 days, rather than 27.However to get 33, you'll have to gain 10 years continuous service, ie. no interruption, so you'll earn that in Dec 2024.

That's not true. I worked in the nhs in the 70s and when I went back not long ago, the time I had worked back then counted so I only needed to work an extra year to get more leave.

FBaby

t0rt0ise wrote: »

That's not true. I worked in the nhs in the 70s and when I went back not long ago, the time I had worked back then counted so I only needed to work an extra year to get more leave.

Annual leave is based on reckonable service which is based on continuous service. Continuous service is interrupted the moment you are more than 7 days unemployed by the nhs.

You do keep what you've accumulated though as I explained so OP would have gone back to 29 days rather than 27 days, ie. They took that reckonable service into account, but you don't get to add the years to your continuous service because there was more than a week break.

You were lucky that you Trust didn't interpret AfG correctly.

getmore4less

That's not what A4C says


In particular 12.4 and the FAQ for 12.4 foot note 2.

12.4 On returning to NHS employment, a previous period or periods of NHS service will be counted towards the employee’s entitlement to annual leave.2

When calculating entitlements to annual leave should I take account of a single period of previous service or should I aggregate several periods?

An employer must include all reckonable service when calculating annual leave entitlement

that is saying all service periods should be aggregated

this is also clarified by implications of.

12.5 On returning to NHS employment, a previous period or periods of NHS service will be counted towards the employee’s entitlement to sickness absence, where there has been a break or breaks in service of 12 months or less.

For sick pay the break must be 12 months or less, there is no such restriction for 12.4(holiday)

Kynthia

FBaby wrote: »

Annual leave is based on reckonable service which is based on continuous service. Continuous service is interrupted the moment you are more than 7 days unemployed by the nhs.

You do keep what you've accumulated though as I explained so OP would have gone back to 29 days rather than 27 days, ie. They took that reckonable service into account, but you don't get to add the years to your continuous service because there was more than a week break.

You were lucky that you Trust didn't interpret AfG correctly.

In the civil service reckonable and continuous service are two very different things and reckonable service definitely isn't required to be continuous but is total service, excluding breaks, that counts towards whatever it is you are calculating.

So for example reckonable service for pension calculations is all service excluding unpaid breaks, strike days, unpaid sick/maternity and any service where you weren't a member of the pension scheme. Previous employment period are either added as one reckonable service or separate ones depending on the pension scheme length of break and nominations made when rejoining. So reckonable service can be more than one period of employment.