HCS142-Public Holidays Policy

Registration Number: {{org_field_registration_no}}

Public Holidays Policy

1. Purpose

The purpose of this policy is to outline the procedures and entitlements related to public holidays for employees of {{org_field_name}}, ensuring that operational needs are met while respecting employees’ rights to time off or enhanced pay where applicable. Given the nature of domiciliary care, where continuous care provision is essential, this policy ensures fairness, compliance with employment law, and efficiency in service delivery. It is aligned with Care Inspectorate Scotland regulations, UK employment law, and best practices in workforce management.

2. Scope

This policy applies to all employees, including full-time, part-time, fixed-term, and bank staff within {{org_field_name}}. It covers public holiday entitlements, shift allocation, pay enhancements, leave requests, and contingency planning to ensure uninterrupted care for the people we support. The policy applies to all national and regional public holidays in Scotland, ensuring compliance with statutory requirements and organisational needs.

3. Related Policies

This policy should be read alongside:

Annual Leave Policy, which details general holiday entitlements and requests
Workforce Planning Policy, ensuring appropriate staffing levels during public holidays
Pay and Benefits Policy, outlining enhanced pay rates for working on public holidays
Absence Management Policy, addressing unauthorised leave or sickness during public holidays
Flexible Working Policy, covering alternative arrangements for employees who cannot work on public holidays

4. Legal and Regulatory Framework

This policy aligns with:

The Working Time Regulations 1998, ensuring legal compliance regarding holiday entitlements
The Employment Rights Act 1996, setting statutory holiday pay requirements
Care Inspectorate Scotland Guidelines, ensuring that care services maintain high standards during public holidays
The Equality Act 2010, ensuring that public holiday allocations and pay entitlements are applied fairly and without discrimination

5. Public Holiday Entitlement

Public holidays in Scotland are not automatically additional to statutory leave entitlements. Instead, they form part of an employee’s annual leave entitlement. The number of recognised public holidays may vary depending on contract type and location, but commonly observed public holidays include:

New Year’s Day (1st January)
2nd January
Good Friday
Easter Monday
Early May Bank Holiday
Spring Bank Holiday
Summer Bank Holiday
St Andrew’s Day (30th November)
Christmas Day (25th December)
Boxing Day (26th December)

Employees’ entitlements to public holiday leave will be outlined in their contract of employment and will depend on whether they work on a full-time, part-time, or bank staff basis.

6. Working on Public Holidays

Due to the 24/7 nature of domiciliary care, some employees will be required to work on public holidays to ensure continuity of care for the people we support. {{org_field_name}} aims to balance staffing requirements with fairness and flexibility, ensuring that no employee is disproportionately required to work on public holidays.

6.1 Shift Allocation

Public holiday shifts will be allocated fairly and equitably among staff
Rotational scheduling will be used where possible, ensuring that employees take turns working on public holidays
Employees who are not required to work will be granted public holiday leave from their annual entitlement
Staff may request public holiday leave, but approval will depend on service needs and staff availability

6.2 Pay Enhancements for Public Holiday Work

Employees required to work on a public holiday will receive one of the following benefits, depending on their contract terms:

Enhanced pay rates, typically time-and-a-half or double pay, as specified in their contract
A day off in lieu, allowing employees to take equivalent time off at a later date

Pay enhancements will be calculated in line with statutory and contractual obligations and will be confirmed in employees’ pay slips for the relevant period.

7. Requesting Public Holiday Leave

7.1 Advance Notice for Public Holiday Leave

Employees wishing to request public holiday leave must:

Submit a formal request at least four weeks in advance
Understand that leave is subject to operational needs and will be allocated on a fair basis
Be prepared for the possibility of working some public holidays on a rotational basis

7.2 Prioritisation of Leave Requests

Where multiple employees request the same public holiday off, requests will be considered based on:

The need for fair rotation (employees who worked the previous holiday may be given priority)
Service needs and staffing levels
Employee circumstances, such as religious observances or family commitments

If leave is not possible due to operational constraints, employees may be offered a different day off in lieu.

8. Managing Public Holidays Efficiently

8.1 Workforce Planning

To ensure smooth operations during public holidays, {{org_field_name}} will:

Plan staffing levels well in advance, using shift rotas that ensure adequate coverage
Offer bank staff additional shifts, reducing reliance on permanent employees where needed
Ensure all public holiday shifts are allocated fairly, preventing staff burnout
Monitor service user requirements, adjusting staffing levels based on care needs

8.2 Communication with Employees

Employees will receive early notice of their public holiday work schedules, allowing them to plan personal commitments accordingly. Shift allocations and pay rates will be clearly communicated to ensure transparency.

8.3 Emergency Cover Arrangements

To manage unexpected absences on public holidays:

Standby staff will be identified to cover emergency situations
On-call managers will be available to handle urgent staffing issues
Agency workers may be used if necessary to cover essential shifts

9. Pay and Holiday Accrual for Part-Time and Bank Staff

9.1 Part-Time Employees

Part-time employees will receive a pro-rata entitlement to public holidays based on their contracted hours. If a public holiday falls on a day when they are not scheduled to work, they will not automatically be entitled to a paid day off but may request alternative leave.

9.2 Bank and Zero-Hours Staff

Bank staff and employees on zero-hours contracts do not have a guaranteed entitlement to public holiday leave or enhanced pay. However, those who work on a public holiday will be paid at the agreed enhanced rate for that day.

10. Unauthorised Absences on Public Holidays

Employees who are scheduled to work on a public holiday and fail to attend without valid reason will be subject to the Absence Management Policy. Unauthorised leave on public holidays may result in:

Loss of pay for the missed shift
Disciplinary action if absence is repeated or unjustified
Impact on future leave requests, as unauthorised absences will be considered in rota planning

Employees unable to work due to sickness on a public holiday must follow the absence reporting procedures, providing medical certification if required.

11. Monitoring and Compliance

To ensure compliance with this policy:

HR will review public holiday shift allocations to ensure fairness
Payroll audits will verify correct application of enhanced pay rates
Employee feedback will be gathered to assess satisfaction with public holiday scheduling
Care quality assessments will be conducted, ensuring that public holiday staffing levels maintain high standards of care

12. Compliance & Policy Review

This policy will be reviewed annually to ensure compliance with Care Inspectorate Scotland regulations, UK employment law, and best practices in workforce management. Any updates will be communicated to all employees and incorporated into staff training programmes.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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