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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Annual Leave Policy

1. Purpose

The purpose of this policy is to ensure that all workers and employees of {{org_field_name}} understand their annual leave entitlement, how annual leave is requested and approved, and how leave is managed fairly, lawfully and consistently. Annual leave will be managed in a way that supports staff health and wellbeing while ensuring that people receiving care continue to receive safe, planned, compassionate and reliable care and support. This policy supports compliance with employment law, the Health and Care (Staffing) (Scotland) Act 2019, the Health and Social Care Standards, Care Inspectorate expectations, and the Scottish Social Services Council Codes of Practice.

This policy ensures that:

• Employees are aware of their annual leave entitlements and how to request leave.
• Annual leave is managed fairly and efficiently to prevent staffing shortages.
• People receiving care continue to receive high-quality service without disruption.
• The organisation remains compliant with employment laws and regulations.
• Annual leave decisions take account of safe staffing, assessed care needs, personal plans, continuity of care, staff competence, and service contingency arrangements.

2. Scope

This policy applies to:

• all employees and workers engaged by {{org_field_name}}, including full-time, part-time, fixed-term, bank, casual, zero-hours, irregular-hours and part-year workers;
• managers, supervisors, care coordinators and any person responsible for rota planning, approving leave, arranging cover or monitoring staffing levels;
• agency and temporary workers, where applicable, subject to the terms of their engagement and the responsibilities of the agency or employment business;
• payroll, human resources and administrative staff responsible for recording leave, calculating entitlement and processing holiday pay.

For the purpose of this policy, the term “worker” includes employees and any other individual who is legally entitled to paid annual leave under the Working Time Regulations 1998. Where a person’s entitlement is governed by an agency, employment business or other contractual arrangement, {{org_field_name}} will still ensure that rota planning and deployment arrangements protect the safety, wellbeing and continuity of care for people using the service.

3. Legal and Regulatory Framework

This policy is informed by and will be implemented in accordance with:

• The Working Time Regulations 1998, including statutory paid annual leave entitlement, rules on taking leave, payment for leave, carry-over, and leave arrangements for irregular-hours and part-year workers.
• The Employment Rights Act 1996, including protection from unlawful deductions from wages and relevant provisions relating to employment rights.
• The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, which amended holiday entitlement and holiday pay rules from 2024, including provisions for irregular-hours and part-year workers.
• The Health and Care (Staffing) (Scotland) Act 2019, which supports safe and high-quality care through appropriate staffing, the right people with the right skills in the right place at the right time, and systems for identifying and responding to staffing risks.
• The Public Services Reform (Scotland) Act 2010 and The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011, including the duty to provide care services in a way that promotes the welfare, safety and dignity of people using the service.
• The Regulation of Care (Scotland) Act 2001, where relevant to SSSC Codes of Practice and social service workforce regulation.
• The Health and Social Care Standards: My support, my life, including standards relating to safe, planned, consistent, compassionate and person-led care and support.
• The Scottish Social Services Council Codes of Practice for Social Service Workers and Employers, including the employer duty to support workers to meet their Code and to have systems for reporting resourcing or operational matters that may affect care or support.
• Care Inspectorate quality frameworks, guidance and scrutiny expectations for support services, including care at home and supported living models of support.
• Equality Act 2010, where annual leave decisions may interact with disability, religion or belief, pregnancy, maternity, caring responsibilities or other protected characteristics.
• Data Protection Act 2018 and UK GDPR, in relation to the recording, storage and sharing of annual leave, sickness, health and absence information.

Where legislation, statutory guidance or Care Inspectorate expectations change, this policy will be reviewed and updated without waiting for the scheduled annual review.

4. Annual Leave Entitlement

4.1 Statutory Leave Entitlement

• Workers are entitled to a minimum of 5.6 weeks’ paid annual leave in each leave year.
• For a full-time worker who works 5 days per week, this is equivalent to 28 days’ paid annual leave, inclusive of public holidays where public holidays are included in the worker’s annual leave entitlement.
• Part-time workers are entitled to the same 5.6 weeks’ statutory entitlement on a pro-rata basis according to their working pattern.
• Statutory annual leave is capped at 28 days for workers who work more than 5 days per week, unless {{org_field_name}} provides enhanced contractual leave.
• Annual leave entitlement must be calculated accurately and recorded clearly for each worker.

4.2 Irregular-Hours, Part-Year and Zero-Hours Workers

• For leave years beginning on or after 1 April 2024, statutory holiday entitlement for irregular-hours and part-year workers will be calculated in accordance with the Working Time Regulations 1998, as amended.
• Where a worker meets the legal definition of an irregular-hours worker or part-year worker, statutory leave will normally accrue at 12.07% of the actual hours worked in each pay period, up to a maximum of 5.6 weeks’ statutory annual leave.
• A zero-hours worker will not automatically be treated as an irregular-hours worker in every case. The worker’s contractual terms and actual working pattern must be considered.
• {{org_field_name}} will maintain accurate records of hours worked, annual leave accrued, annual leave taken and holiday pay paid.
• Workers will be informed how their leave entitlement is calculated and may request clarification from their line manager, payroll or human resources.

4.3 Holiday Pay

• Holiday pay will be calculated in accordance with the Working Time Regulations 1998 and current government guidance.
• For the first 4 weeks of statutory annual leave, holiday pay will be calculated using the worker’s normal remuneration where required by law.
• The remaining 1.6 weeks of statutory annual leave will be paid at the worker’s basic rate of pay, unless the worker’s contract provides a more favourable arrangement.
• For irregular-hours and part-year workers, {{org_field_name}} may use rolled-up holiday pay only where this is lawful, clearly identified, calculated correctly and shown separately on the worker’s payslip.
• Rolled-up holiday pay must not be used in a way that discourages workers from taking annual leave. Workers must still be encouraged and enabled to take rest from work.
• Any enhanced contractual annual leave or enhanced holiday pay will be applied in accordance with the worker’s contract of employment or written statement of terms.

4.4 Additional and Contractual Leave

• {{org_field_name}} may provide enhanced contractual annual leave in addition to statutory annual leave, as set out in the worker’s contract, written statement of terms or other written agreement.
• Any entitlement to additional leave for length of service, role, seniority or other reason must be applied fairly, consistently and without unlawful discrimination.
• Requests for unpaid leave may be considered in exceptional circumstances and must be authorised in advance by management.
• Unpaid leave will only be approved where safe staffing, continuity of care and service delivery can be maintained.
• Carry-over of annual leave is addressed in Section 7 of this policy.

5. Booking and Approval Process

5.1 Requesting Annual Leave

• Workers must submit annual leave requests in writing using the Annual Leave Request Form or the organisation’s approved electronic system.
• Planned annual leave should normally be requested at least 4 weeks in advance.
• Requests for leave of 2 weeks or longer should normally be submitted at least 8 weeks in advance.
• Requests may be submitted to the office or by email to: {{org_field_registered_manager_email}}.
• Workers should not book travel, accommodation or other commitments until annual leave has been formally approved.
• Workers must not assume that annual leave has been authorised until written confirmation has been received.
• Before requesting leave, workers should consider known rota commitments, allocated care visits, planned training, supervision, team meetings and any responsibilities linked to continuity of care.
• Short-notice requests will be considered where possible, but approval will depend on safe staffing, continuity of care and service requirements.

5.2 Approval Process

• Annual leave requests will be reviewed by the relevant manager, supervisor or authorised person.
• Approval will be based on:
  • the worker’s remaining leave entitlement;
  • the amount of notice given;
  • existing approved leave within the team;
  • safe staffing requirements;
  • the skills, competence and experience needed on shift or on rota;
  • the assessed needs and personal plans of people receiving care;
  • continuity of care, including regular care worker arrangements where these are important to the person;
  • planned training, supervision, induction, shadowing or competency assessment;
  • any known service risks, outbreaks, adverse weather risks, recruitment gaps or other contingency issues.
• Workers will normally receive a written response within 7 working days.
• If a request is declined, the reason will be explained and recorded.
• Where possible, alternative dates will be discussed with the worker.
• Decisions must be made fairly, consistently and without unlawful discrimination.
• Managers must consider whether refusal or approval of leave could create risks to staff wellbeing, fatigue, safe staffing, continuity of care or the rights and choices of people using the service.

5.3 Peak Periods and Fair Allocation

• Requests for peak periods, including Christmas, New Year, Easter, school holidays, summer holidays and public holidays, will be managed fairly and transparently.
• A first-come, first-served approach may be used where appropriate, but management may also consider:
  • previous peak-period leave granted;
  • fairness across the staff team;
  • religious or cultural observance;
  • caring responsibilities;
  • school holiday pressures;
  • staff wellbeing;
  • service continuity and safe staffing.
• Where demand exceeds available leave, managers may use a rotation system or invite workers to agree alternative dates.
• No worker will be treated less favourably because of a protected characteristic under the Equality Act 2010.

5.4 Employer-Required Annual Leave

• {{org_field_name}} may require workers to take annual leave on specified dates where this is permitted by law and by the worker’s contract.
• Where {{org_field_name}} requires a worker to take annual leave, the worker will be given notice that is at least twice the length of the period of leave required, unless a different lawful arrangement applies.
• Employer-required annual leave may be used, for example, during agreed service closure periods, reduced service periods, or where leave must be managed to protect staff wellbeing and prevent excessive untaken leave.
• Employer-required leave will not be used in a punitive or discriminatory way.

5.5 Emergency, Compassionate and Short-Notice Leave

• Workers who require urgent time off because of a family emergency, bereavement, dependant issue, serious personal matter or other urgent circumstance must notify their manager as soon as reasonably possible.
• The manager will consider whether the absence should be treated as annual leave, compassionate leave, emergency leave, time off for dependants, unpaid leave or another form of authorised absence.
• Such requests will be handled sensitively, confidentially and consistently.
• Workers may be directed to the Compassionate and Emergency Leave Policy, Time Off for Dependants Policy, Bereavement Leave Policy or other relevant policy.
• Where emergency leave affects planned care visits, management must immediately review cover arrangements to protect the safety and continuity of care for people using the service.

6. Managing Annual Leave to Ensure Service Continuity and Safe Staffing

{{org_field_name}} will manage annual leave in a way that supports workers to rest from work while ensuring that people receiving care continue to experience safe, planned, reliable and person-centred care.

When approving annual leave, managers must consider:

• assessed care and support needs;
• personal plans, risk assessments and agreed outcomes;
• medication support requirements;
• moving and assisting requirements;
• delegated healthcare tasks;
• lone working arrangements;
• travel time and geographical rota pressures;
• continuity of care and the importance of familiar workers;
• staff skills, competence, training and experience;
• staff registration, induction, supervision and competency requirements;
• service user preferences, communication needs and known distress triggers;
• current vacancies, sickness absence, training commitments and other approved leave;
• contingency arrangements, including bank staff, familiar relief staff or approved agency staff.

Annual leave must not be approved where it would leave the service unable to provide safe, effective and planned care. Where leave is declined for this reason, the decision must be recorded and alternative dates should be offered where possible.

A fixed maximum number of staff off at one time may be used as a guide, but it must not replace professional judgement, safe staffing assessment or consideration of the needs of people using the service.

Where annual leave creates or contributes to a staffing risk, the manager must record the risk, the action taken, and any escalation required under the Workforce Planning and Service Continuity Policy.

7. Carrying Over Leave and Leave Expiry

• Workers are expected and encouraged to take their full annual leave entitlement during the relevant leave year.
• Managers must monitor leave throughout the year and take reasonable steps to encourage workers to take annual leave for rest, recovery and wellbeing.
• Workers should not leave annual leave until the end of the leave year where this could create staffing pressures or prevent leave being taken.
• Carry-over of annual leave will only be permitted where allowed by law, contract or written management approval.
• Contractual carry-over may be permitted up to a maximum of 5 days or the pro-rata equivalent, subject to management approval and service requirements.
• Statutory leave may be carried over where the worker has been unable to take it because of:
  • sickness absence;
  • statutory family-related leave;
  • maternity, adoption, paternity, shared parental, parental bereavement or other statutory leave;
  • the organisation failing to give the worker a reasonable opportunity to take leave;
  • the organisation failing to encourage the worker to take leave;
  • the organisation failing to inform the worker that untaken leave may be lost if not taken.
• Where leave is carried over because of long-term sickness absence, the statutory element carried over must normally be used within the legal time limit.
• Untaken statutory annual leave will not normally be paid in lieu except when employment ends.
• Managers must keep clear records of leave carried over, the reason for carry-over, the amount carried over, the expiry date and any plan for the worker to take the leave.

8. Annual Leave and Sickness Absence

• Workers continue to accrue statutory annual leave during sickness absence.
• If a worker becomes unwell before or during annual leave and wishes the absence to be treated as sickness absence rather than annual leave, they must follow the organisation’s sickness reporting procedure as soon as reasonably possible.
• The worker may be required to provide self-certification or medical evidence in line with the Sick Leave and Medical Absence Policy.
• Where the sickness reporting and evidence requirements are met, the affected annual leave will be reinstated and may be taken at another agreed time.
• Workers on long-term sickness absence may request to take annual leave during sickness absence, subject to normal notice requirements and payroll arrangements.
• Where a worker has been unable to take statutory annual leave because of sickness absence, carry-over will be managed in accordance with Section 7 of this policy.
• Managers must ensure that contact with workers on sickness absence is supportive, proportionate and consistent with staff wellbeing, absence management and equality obligations.

8.1 Annual Leave During Statutory Family Leave

• Workers continue to accrue statutory annual leave during statutory family-related leave, including maternity leave, adoption leave, paternity leave, shared parental leave, parental bereavement leave and any other applicable statutory leave.
• Where annual leave cannot reasonably be taken because of statutory family-related leave, it may be carried over in accordance with the Working Time Regulations 1998 and this policy.
• Managers should discuss annual leave arrangements with the worker before and after statutory family-related leave to support planning, wellbeing, payroll accuracy and service continuity.
• Workers will not be treated unfavourably because they have taken, requested or are planning to take statutory family-related leave.

9. Annual Leave and Termination of Employment

• When employment ends, {{org_field_name}} will calculate the worker’s accrued annual leave entitlement up to the termination date.
• Any accrued but untaken annual leave will be paid in the worker’s final salary, subject to lawful deductions and payroll processing.
• Where a worker has taken more annual leave than they have accrued at the termination date, {{org_field_name}} may deduct the overpayment from final salary only where this is permitted by the worker’s contract or otherwise lawful.
• Workers may be required or permitted to take outstanding annual leave during their notice period, subject to service needs and lawful notice requirements.
• Managers must ensure that final rota arrangements protect continuity of care, safe staffing and proper handover of work before the worker leaves employment.

10. Unauthorised Leave and Absence Management

• Workers must not take annual leave unless it has been authorised in advance, except where emergency circumstances apply.
• Unauthorised absence may be managed under the Attendance and Absence Management Policy or Disciplinary Policy, depending on the circumstances.
• Before taking formal action, managers must consider whether the absence or leave request relates to:
  • sickness or injury;
  • disability;
  • pregnancy or maternity;
  • caring responsibilities;
  • bereavement;
  • domestic abuse or personal crisis;
  • religious or cultural observance;
  • any other protected characteristic or exceptional circumstance.
• Patterns of repeated short-notice leave requests may be reviewed supportively to understand the reason and to identify whether adjustments, wellbeing support, supervision or other action is required.
• Persistent failure to follow the annual leave procedure without reasonable explanation may result in formal action.

11. Staff Responsibilities

11.1 Worker Responsibilities

Workers are responsible for:

• understanding their annual leave entitlement and requesting clarification where needed;
• planning and requesting leave in advance wherever possible;
• not booking travel or commitments until leave has been formally approved;
• following the annual leave request procedure;
• taking annual leave for rest, recovery and wellbeing;
• ensuring that leave requests do not knowingly conflict with essential rota commitments, training, supervision or service needs;
• notifying management promptly where sickness, emergency circumstances or other issues affect planned annual leave;
• providing required documentation for sickness-related annual leave changes;
• raising any concern that workload, fatigue, staffing levels or leave restrictions may affect their wellbeing or their ability to provide safe care.

11.2 Management Responsibilities

Managers are responsible for:

• managing annual leave fairly, consistently and transparently;
• ensuring workers are able and encouraged to take annual leave;
• keeping accurate records of entitlement, leave requested, leave approved, leave refused, leave taken, leave carried over and holiday pay arrangements;
• considering safe staffing, skills, competence, continuity of care and personal plans before approving leave;
• ensuring that annual leave decisions do not compromise the safety, dignity, rights, choices or wellbeing of people using the service;
• recording the reason for refusal of leave and offering alternative dates where possible;
• monitoring leave patterns to prevent excessive untaken leave, fatigue, burnout or staffing pressures;
• identifying and escalating staffing risks linked to annual leave, sickness, vacancies or other workforce pressures;
• ensuring annual leave decisions are not discriminatory and that reasonable adjustments are considered where required;
• maintaining evidence that may be required for internal audit, Care Inspectorate inspection, employment dispute resolution or payroll review.

11.3 Care Coordinator and Rota Planner Responsibilities

Care coordinators and rota planners are responsible for:

• checking approved annual leave before finalising rotas;
• ensuring care visits are covered by suitably skilled, competent and authorised workers;
• maintaining continuity of care wherever possible;
• ensuring travel time, visit duration and worker availability are realistic;
• escalating any risk that annual leave or staffing gaps may affect planned care;
• ensuring people receiving care are informed of changes to care workers or visit times where this is required and appropriate;
• recording any missed, late or changed visits in line with organisational procedures;
• working with managers to ensure annual leave planning supports safe staffing and service continuity.

12. Monitoring, Audit and Compliance

To ensure fair and lawful implementation of this policy, {{org_field_name}} will monitor and audit:

• annual leave entitlement records;
• leave requested, approved, refused and cancelled;
• reasons for refusal of leave;
• leave carried over and reasons for carry-over;
• holiday pay calculations, including arrangements for irregular-hours and part-year workers;
• compliance with notice requirements;
• whether workers are taking sufficient rest from work;
• patterns of untaken leave, excessive overtime, fatigue or burnout;
• staffing levels and skill mix during peak leave periods;
• use of bank, relief or agency staff to cover annual leave;
• any missed, late, shortened or rearranged care visits linked to staffing gaps;
• feedback from people using the service about continuity, reliability and changes in care workers;
• staff feedback about fairness, wellbeing and access to annual leave;
• equality considerations and any patterns that may indicate unfairness or discrimination.

Findings from audits will be used to improve workforce planning, rota management, staff wellbeing, service continuity and the quality of care experienced by people using the service.

Where annual leave pressures create a risk to safe staffing or service delivery, this must be escalated to the Responsible Person/Registered Manager and managed through the Workforce Planning and Service Continuity Policy.

13. Related Policies

This policy should be read alongside:

• Staff Attendance and Absence Management Policy;
• Sick Leave and Medical Absence Policy;
• Compassionate and Emergency Leave Policy;
• Time Off for Dependants Policy;
• Family Leave Policy, including maternity, paternity, adoption, shared parental and parental bereavement leave;
• Flexible Working Policy;
• Equality, Diversity and Human Rights Policy;
• Staff Wellbeing Policy;
• Workforce Planning and Service Continuity Policy;
• Rota Management Policy;
• Lone Working Policy;
• Medication Policy, where annual leave affects deployment of medication-trained staff;
• Moving and Assisting Policy, where annual leave affects deployment of competent staff;
• Data Protection and Confidentiality Policy;
• Disciplinary Policy;
• Grievance Policy;
• Whistleblowing Policy;
• SSSC Registration and Codes of Practice Policy.

14. Care Inspectorate and Safe Staffing Evidence

{{org_field_name}} will ensure that annual leave records and rota planning records can evidence that annual leave is managed safely and effectively.

The following evidence may be reviewed as part of quality assurance, inspection or management oversight:

• annual leave request forms or electronic leave records;
• rota records showing planned and actual staffing;
• records of leave refused and reasons for refusal;
• contingency arrangements used to cover annual leave;
• skill mix and competency records;
• medication, moving and assisting, delegated healthcare and specialist task competency records;
• records of missed, late or changed visits;
• communication with people using the service about changes to care workers or visit times;
• complaints, concerns or compliments relating to staffing or continuity of care;
• staff wellbeing, fatigue, overtime and sickness trends;
• audits of annual leave and workforce planning.

Where monitoring identifies that annual leave arrangements have affected or may affect safe care, the Registered Manager must take prompt action to reduce risk, record the action taken and escalate concerns where required.

15. Equality, Wellbeing and Reasonable Adjustments

Annual leave will be managed in a way that respects equality, diversity, inclusion, human rights and staff wellbeing.

Managers must consider whether a leave request or pattern of leave relates to:

• disability or a health condition;
• pregnancy, maternity or fertility treatment;
• religious or cultural observance;
• caring responsibilities;
• bereavement or family crisis;
• domestic abuse or serious personal circumstances;
• work-related stress, fatigue or burnout.

Reasonable adjustments will be considered where required by law or where they support staff wellbeing and safe working. Any adjustment must be balanced with the requirement to maintain safe staffing and continuity of care.

16. Policy Review

This policy will be reviewed at least annually or sooner if required because of:

• changes to employment law, statutory guidance or holiday pay rules;
• changes to Scottish care legislation or Care Inspectorate expectations;
• updates to the Health and Care (Staffing) (Scotland) Act 2019 guidance;
• updates to the SSSC Codes of Practice;
• Care Inspectorate inspection findings, areas for improvement or enforcement action;
• internal audits, complaints, incidents or staffing risk reviews;
• feedback from workers, people using the service, carers, representatives or commissioners;
• organisational changes affecting workforce planning, rota management or service continuity.

Any changes will be communicated to relevant staff, and managers will ensure that workers understand how the updated policy affects their annual leave entitlement, request process and responsibilities.

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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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.