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Accrual and Abatement of Annual Leave

Introduction

The below provides guidance on accrual and abatement of annual leave in long term sickness absence cases and cumulative absence as well as leavers and new starters.

Annual leave accrual

Calculation of annual leave entitlement is based on continuous service and where applicable reckonable service. Further information on continuous service and reckonable service can be found in Schedule A.

Entitlement Table

CONTINUOUS SERVICEANNUAL LEAVE ENTITLEMENT
Less than 5 years26
5 but less than 7 years32
7 but less than 10 years33
10 but less than 12 years34
12 but less than 15 years35
Over 15 years36

Annual leave during sick leave

Contractual annual leave entitlement continues to accrue for all employees who are absent from work during a period of sickness absence.

Falling sick prior to annual leave approval

Where an employee falls sick prior to a period of approved annual leave and has complied with the Council’s normal arrangement for notification and certification of sickness, they can reclaim and re-assign such a period of leave. The employee is not required to provide a “fit note” for this purpose.

Falling sick during annual leave

An employee who falls sick during a pre-planned period of annual leave, this leave should be available to be taken at a later date, subject to a “fit note” being provided by the employee, from the date of which their sickness absence commenced. The employee must also have complied with the Council’s normal arrangement for notification and certification of sickness in order to be eligible to reclaim and re-assign such a period of the course of leave.

Falling sick during a public holiday/extra statutory holiday

Where an employee is receiving sick pay under the Scheme, sick pay will continue if a public holiday or extra statutory holiday falls during such sickness absence. No substitute public or extra statutory holiday will be given. Where an employee has exhausted sickness allowance entitlement, no payment should be made in respect of a public holiday or extra statutory holiday occurring during the period of absence.

Abatement of Annual Leave

Calculations of annual leave abatement are carried out by the People Helpdesk Advisors within the Employee Service Centre. These are checked and signed off by a second officer, usually the Senior Advisor, prior to making any adjustments on iTrent.

Abatement of annual leave following a period of sick leave

When an employee has been on sick leave for a period of 65 working days (13 weeks) or more (pro rata for part time or alternative work patterns), either continuously or cumulatively, during a leave year, the annual leave entitlement above 20 days will be abated, provided that the combined total of annual leave and public holidays (either taken or still to occur) does not fall below the statutory minimum. The leave entitlement above 20 days will be limited to a proportionate amount equal to the period of actual service given during the leave year.

Return to work in the same leave year following period of sick leave

Employees are entitled to a minimum of 28 days annual leave, inclusive of public holidays, each annual leave year. This must be taken into account when abating annual leave.

The annual leave entitlement above 20 days will be abated, provided that the combined total of annual leave and public holidays (either taken or still to occur) does not fall below 28 days for an employee working full time hours over 5 days (pro-rated for part time employees).

Return to work in the next leave year following a period of sick leave

Employees who return to work in the next year but after the 31 January will be entitled to carry over 20 days annual leave in accordance with the UK Working Time Regulations 1998 less any public holidays or annual leave taken prior to being on sick leave.

The annual leave entitlement for the new annual leave year will be abated in accordance with the guidance above for returning in the same leave year.

Not returning to work following period of Sick Leave

Employees who do not return to work will be entitled to a payment in lieu of annual leave pro rated to the date their employment is terminated less any annual leave and public holidays taken prior to their termination of employment.

Where the absence has straddled two leave years, the employee will be able to carry over 20 days leave, less any public holidays or annual leave taken in the previous annual leave year. This will be added to the 28 days due in the current leave year with the total being pro-rated to the date of termination.

Employee’s annual leave entitlement for the leave year in which their employment is terminated should also be abated in accordance with the provisions of the Council’s Core Conditions of Service, subject to a minimum leave entitlement (taken as a combination of annual leave and public holidays) of 28 days (for a full time employee).

Only leave accrued in the leave year immediately prior to the return to work from long term sickness absence on termination of employment can be carried forward or paid in lieu (as appropriate). Claims for leave lost from previous leave years should not be met.

Updated on 18th October 2019

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