By Robert Campbell

The issue of annual leave in the NHS, I have discovered, is far from straightforward. Whilst the UK Government stipulates a standard 28 days annual leave regardless of length of service, the system in the NHS is convoluted to say the least.

Here is a summary of what the Royal College of Nursing website (www.rcn.org.uk) says about annual leave entitlement:

Up to 5 years’ service – 35 days

Up to 10 years’ service – 37 days

More than 10 years’ service – 41 days

It looks pretty good doesn’t it – until you realise that these figures include 8 days public, or bank holidays! So don’t be fooled by this; the actual basic leave entitlement for NHS employees is 27, 29 and 33 days respectively.

It’s Not What it Seems!

One of the stumbling blocks to standardising annual leave within the NHS lies in the fact that hospital staff work different shift patterns to GP Practice staff, with hospital staff working patterns including weekends and bank holidays. Added to this is the complicated system of overtime pay for mainstream NHS staff which applies to pay bands 1 – 7.

Some staff also may work shifts of differing lengths, or less than 5 days a week. It’s clearly impossible to standardise the length of the working week in the NHS so is the solution to be found in offering perks like time off in lieu for example?

The UK Government says that the legal annual leave entitlement is 28 days for a person working the average 5 day week and again this includes statutory bank holidays. But this differs from the NHS standard doesn’t it? And even within the NHS there is considerable variation nationally. In light of this a survey is to be undertaken to establish a common pattern in leave entitlement in general practice.

I Did Not Know That!

Here are some facts I’ve uncovered which people may not be aware of:

• An employee has the right to build up, save or accrue annual leave during maternity, paternity and adoption leave – and this applies during sick leave.
• Any leave not taken in the year sick leave is taken can be carried over to the next year.
• An employee who does not receive sick pay can ask to be paid holiday pay while off sick.
• Parents can apply for ‘unpaid’ parental leave during school holidays.

It is probably understandable that GP employers and Practice Managers can be unaware of all these rules and regulations. It is possible that staff contracts may not be written up accurately or updated properly. There is always a risk that if an employer is not fully up to speed on legal leave entitlements or employees’ rights then leave may be wrongly refused. For the record, a useful reference point is the Government’s own website which is www.gov.uk.

Speak Up for GP Practice Staff

With all these different rules in place – shorter working weeks, irregular shift patterns, overtime and all the rest – it’s no wonder an employer trying to man a GP surgery may tear their hair out!  It would be much easier if all NHS staff including those in GP Practice had the same leave entitlement with this written into the GP contract.

The Department of Health’s stock attitude is that GPs are ‘independent practitioners’ so they can do what they like, within the rules. But if you feel strongly about pay and conditions for GP staff – write to your MP. Make your voice heard.