Annual Leave Policy Guidance (Public Holiday Entitlements)

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Annual Leave Policy Guidance – DL (2024) 07

Annual Leave Policy – (Non Medical Staff)

DL(2024)07 dated 26 March 2024 advised NHSScotland of an update to the Annual Leave Policy following changes to full-time hours from 37.5 to 37 and thereafter 36 which was agreed as part of the 2023-24 pay settlement.  This was not fully implemented as clarity was being sought on some aspects of the Public Holiday entitlement for full-time staff and deduction of public holiday hours for non-standard shift workers.  These matters are still under discussion nationally.

Following discussion at the Area Partnership Forum it has been agreed that the Annual Leave Policy DL(2024)07 will be implemented in full and backdated to April 2024.

The policy states that all full-time staff (37.5, 37, or 36) shall be entitled to 60 hours public holidays.  It should be noted that the national calculator is not in accordance with the DL for public holiday hours, this has been highlighted to the technical team.  Managers will need to adjust public holiday hours entitlement whilst awaiting the calculator being amended.  Managers should refer to the tables in the DL to ensure affording correct entitlement.

The updated policy detailed a different approach to the deduction of public holidays, based on daily entitlement and not shift duration.  See below:

30. On each and every occasion an employee takes paid time off on a public holiday as part of their basic week, the appropriate deduction as per Table 4 of their normal basic working hours for that day will be made from their overall entitlement.

31. It is recognised that within NHS Scotland there are a range of shift lengths and rota patterns that both full and part-time staff may be involved in when being allocated a public holiday. In order to ensure that staff are not treated detrimentally in respect of their total public holiday entitlement or end up in a situation where, by default, their annual leave hours are being used to offset public holiday hours, the following should be applied.

32. When deducting public holiday hours if taken, this must be based upon the content of Table 4 and not the duration of the shift that the staff member would have been rostered to work on any public holiday. For example, if a full-time staff member’s normal shift length is 12 hours and they are off on a public holiday then they should only have 7.5 hours deducted from their total annual leave and PH entitlement and not 12. Similarly for a part-time member of staff working 23 hours a week the public holiday deduction would be 4.7 hours.

Table 4 references public holiday entitlement per day based on contracted hours of work.

Action Required:

Managers should ensure that annual leave and public holiday entitlement for 2025/26 are calculated and applied as per the updated policy.

Review public holiday entitlements for 24/25.

There may be situations where managers have, in good faith, calculated entitlements for 2024/25 differently.  Where public holiday hours have been overtaken, employees are not expected to repay these hours. Managers should correct leave entitlements for 2025/26.  Where staff are due hours these should be carried forward into 2025/26. This will be in addition to any other hours being carried forward.

Guidance on how to record on OPTIMA(eRostering) is available on HR Webpage NHS Lanarkshire HR along with some worked examples.

Further updates shall be provided when available.

If you require any further guidance log an enquiry via HR Service Now

The following are examples of how full implementation will affect employees working different shift patterns.

Managers are reminded of Section 33 of the Annual Leave Policy ‘Where operationally possible, and subject to mutual agreement, an employee may change their days of working during a public holiday week and therefore retain their leave entitlement in respect of the public holiday. This can then be taken as time off at another time.’

Example 1:

Full-time employee 37 hours per week.  The employee works 7.5 hours Monday to Thursday and 7 hours on a Friday.  Public Holiday entitlement is 60 hours per year; 7.5 hours per public holiday.

If they take a public holiday off they deduct 7.5 hours from their public holiday entitlement.

Example 2:

Full-time employee 37 hours per week. They work 12 hours shifts.  Public Holiday entitlement is 60 hours per year; 7.5 hours per public holiday.

If they take a public holiday off they deduct 7.5 hours from their public holiday entitlement.  They do not take any hours from the annual leave entitlement to make up the 12 hour shift they would have worked.

Example 3:

Full-time employee 37 hours per week. They work a compressed week, working 4 days of 9.25 hours. Monday is their set day off each week.  Public Holiday entitlement is 60 hours per year; 7.5 hours per public holiday.

If they take a public holiday off they deduct 7.5 hours from their public holiday entitlement.  They do not take any hours from the annual leave entitlement to make up the 9.25 hour shift they would have worked.

Example 4:

Part-time employee 30 hours per week. They work 4 days of 7.5 hours per week. Friday is their set day off.  Public Holiday entitlement is 48 hours per year; 6 hours per public holiday.

If they take a public holiday off they deduct 6 hours from their public holiday entitlement.  They do not take any hours from the annual leave entitlement to make up the 7.5 hour shift they would have worked.

Example 5:

Part-time employee 33 hours per week.  They work 3 hours on a Monday, and 7.5 hours Tuesday to Friday.  Public Holiday entitlement is 53 hours per year; 7 hours per public holiday.

If they take a public holiday off they deduct 7 hours from their public holiday entitlement.  If the Public Holiday falls on a Monday, they still deduct 7 hours from their entitlement.  If the public holiday falls Tuesday to Friday they deduct 7 hours from their entitlement, they do not take any hours from the annual leave entitlement to make up the 7.5 hour shift they would have worked.

Example 6:

Part-time employee 34.5 hours per week.  They work, 11.5 hours per day, Tuesday, Wednesday and Thursday.  Public Holiday entitlement is 55 hours per year; 7 hours per public holiday.

In 2025/26 leave year there is two public holidays, which fall on this employee’s working days.

They take the two public holidays off they deduct 7 hours for each public holiday entitlement, they do not take any hours from the annual leave entitlement to make up the 11.5 hour shift they would have worked. Leaving 41hours public holiday to be used throughout the year.

The remaining public holiday hours will be added to the annual leave entitlement, when taking a day off they deduct 11.5 hours from the total entitlement.    

Recording of Public Holiday on SSTS

To ensure that staff’s holiday pay incorporates unsocial hours enhancements and staff aren’t overpaid, the full shift that the employee was rostered to work should be recorded as Public Holiday on SSTS, not the number of hours deducted for public holiday entitlement.

For example a full-time staff member is rostered 8am to 8pm, this full shift should be recorded as Public Holiday.  For leave purposes 7.5 hours is deducted from public holiday entitlement.

Local records will be required to ensure public holiday and annual leave entitlement is correct.