Latest update as of 16/06/2020.

Please refer to any intranet guidance if access to ensure atill current as leave and flexi guidance has changed a lot from when Covid 19 guidance set up. PCS will endeavour to make sure guidance is as up to date but there may be times when this is not possible.

31. Normal annual leave rules will apply to all colleagues during the coronavirus emergency. Use of leave is important to enable all colleagues to relax and fully switch off from work, whether that is not attending the office to work, not logging on to work from home or during prolonged special leave not undertaking keep in touch activities, participating in staff phone ins, etc. We recognise that during the period of any national ‘lockdown’ the way colleagues relax and recuperate will be significantly different from normal, e.g. travel and social interaction with people from other households is prevented, as is travel, but everyone is nevertheless encouraged to take time out for their wellbeing.

31a. The flexibilities available to employees and line managers in the normal annual leave policy are summarised below in 31b). The additional flexibility in the form of a 2-year extension to carry over limits relating to Coronavirus (COVID-19) is described at 31c) and d) below.

31b. Normal rules for everyone – the expectation is that the majority of colleagues will be able to manage their annual leave within the existing policy flexibilities whether they are working or on paid special leave, that is:

i) Employees may carry over up to 10 days leave into next year’s entitlement (pro-rata for part-time employees) without their manager’s consent, more than 10 days may be carried over with their line manager’s consent  in exceptional circumstances like the COVID pandemic

ii) If employees are unable to take all of their leave during their current leave year because of a long period of sickness absence, they may be able to carry forward any untaken leave into the next leave year.

iii) Employees may anticipate up to 10 days leave from next year’s entitlement (pro-rata for part-time employees).

iv) Employees may request to be paid for untaken whole days of leave providing they have taken at least the statutory minimum amount of annual leave (currently 28 days). Employees cannot normally carry forward or be paid for statutory leave, although the following exception can apply to the normal carry forward rule.

31c. Extension to carry-over limit – due to their being required to work, some colleagues may not be able to request leave or take as much annual leave as they would like, or their leave requests may be declined.  Additionally, the strong advice given to employees who received an NHS letter because they are in the “Clinically Extremely Vulnerable” category means that use of annual leave during paid special leave for this group is impracticable and severely restricted. This is because the NHS letter advises ‘Clinically Extremely Vulnerable’ colleagues to stay at home at all times and minimise the time they spend in shared rooms even with others they live with. Others on paid special leave for over a month may find that their circumstances are similarly acute for personal reasons caused by coronavirus (COVID 19), making their use of annual leave also impracticable and unusually restricted in the context of all UK citizens experiencing the restriction of limited time outside home, no social contact, no overseas travel, etc.  

31d. These circumstances require additional flexibility to that which is available under ordinary policy, described above.  Therefore, while all colleagues should aim to manage their annual leave now and after the coronavirus emergency within the normal 10 days carry over limit, those who cannot do so and are listed in the following bullets will additionally have their carry over limits relaxed for up to two years so they will, if necessary, have until the end of their leave year following 31 March 2022 to bring any excess leave within normal limits. This guarantee will not be needed by everyone who is unable to take annual leave during the epidemic – only those covered by these bullet points who would breach normal carry over rules, even with existing policy flexibilities:

• colleagues unable to take annual leave because they are required to work during the COVID epidemic;
• colleagues in the ‘Clinically Extremely Vulnerable’ group who were advised in writing by the NHS to ‘shield’ until further notice;
• anyone experiencing restriction for personal COVID reasons that are similar in severity to those experienced by the ‘Clinically Extremely Vulnerable’, e.g. colleagues required to give personal care;
• colleagues who are pregnant, who have a right to accrue and bring forward

31e. Unpaid special leave – the very limited number of colleagues potentially in this group may also ask to use annual leave during their unpaid special leave but those on unpaid special leave for a continuous month, or more, must remember that under normal annual leave rules, unpaid absences cause a 1/12th reduction in annual leave for every complete month of unpaid absence. Therefore, for these colleagues’ annual leave will reduce for complete months’ even if it is not taken. Should anyone on unpaid special leave ask to use annual leave concurrently, managers must stop and re-start the unpaid special leave on SOP to generate salary for the intervening annual leave period.  Managers must also suspend any ‘keep in touch’ activity during annual leave. Normal year-end leave carry-over rules apply to this group

31f. Public and privilege leave – employees working in the office and homeworking will take time off for bank holidays and (at an appropriate time) HM Queen’s birthday. Employees absent on either paid or unpaid special leave on the relevant dates are not entitled to these public and privilege days.  The period of special leave should continue, although a deduction from the employee’s public & privilege leave entitlement must be made.

32. Managers who grant annual or flexi leave must inform the employee that it is conditional on the business being able to support the absence at the time. They can require employees to cancel or postpone annual leave or flexi leave if it is necessary to deliver business but only if it is necessary and the only viable option, and HR advice (via 0345 241 5342) has been taken, particularly where the cancellation of leave is likely to incur additional costs. Very exceptionally, managers can also recall employees (who are working, not those on special leave) to duty from annual leave. If this is done, the business must consider any claims for expenses of any costs incurred as a result of the recall.