Human Resources - Leave (L1540)

1.0 Summary of Changes

1.1 This Protocol has been updated in May 2024 - paragraph 3.7.4 amended. 

2.0 What this Protocol is about

2.1 This protocol applies to all police officers and police staff unless stated otherwise.

2.2 The purpose of this protocol is to outline the entitlements and procedures for both police officers and police staff in relation to annual leave.

Compliance with this protocol and any governing policy is mandatory. This protocol is not, nor is it intended to be, contractual.

3.0 Detail the Protocol

3.1 This protocol sets out the detail of annual leave arrangements within Essex Police and Kent Police for police staff and police officers.

3.2 Section 3.6 details annual leave arrangements that are generic to both Essex Police and Kent Police for police staff and police officers.

3.3 For specific reference to Kent Police staff or Kent Police officer annual leave arrangements please refer to the following link – Appendix A.

3.4 For specific reference to Essex Police staff and Essex Police officer annual leave arrangements please refer to the following link – Appendix B.

3.5 Contents

3.5.1 Below is a list of contents outlining the annual leave arrangements that are generic to both Essex Police and Kent Police for police staff and police officers.

3.5.2 Below is a list of contents:

Arrangement	Section
Annual Leave	3.6
Annual Leave and Long Term Sickness	3.9
Annual Leave and Short Term Sickness	3.10.
Annual Leave on Appointment and Resignation	3.7
Compassionate Leave Essex	Appendix B
Compassionate Leave Kent	Appendix A
Maternity Leave	3.8
Transferred Service	3.12
Unpaid Leave	3.11

3.5.3 Annual leave arrangements for both Essex Police and Kent Police for police staff and police officers (Essex Police Staff as agreed through Police Staff Council).

3.6 Annual Leave

3.6.1 Annual leave is provided to ensure that individuals are able to take a paid break from work as part of the general provisions to protect their health, safety and welfare.

3.6.2 Police officers are entitled to annual leave as specified in Police Regulations and this protocol.

3.6.3 Police staff are entitled to annual leave based upon the grade of the job and the employee’s length of service as specified in their employment contract and this protocol.

3.6.4 The leave year runs from 1st April to 31st March of the following year and officers and staff will be expected to take their full leave quota within this period.

3.6.5 Subject to any overriding operational orders/ exigencies of service, police officers and police staff may book periods of annual leave for the current and following annual leave year, provided the period requested is no more than 18 months away.

3.6.6 In exceptional circumstances requests for both annual leave and any other form of leave beyond this period of time will be considered on a case-by-case basis.

3.6.7 Dependent upon future force strategic requirements for the policing of significant national and local events and operations, it may be necessary to restrict or stop applications for annual leave at certain periods of time, this will be authorised by the Chief Constable. In these cases an operational order will be implemented and brought to the attention of all affected officers and staff with restrictions being reduced or lifted as soon as practicable.

3.7      Annual Leave on Appointment and Resignation

3.7.1 Police Officers and Police Staff – Kent Only

Newly appointed officers and staff will be entitled to 1/12 of their annual leave entitlement for each completed calendar month of service.  Hence an officer or member of staff starting on 1st October, 6 months into the leave year, will be entitled to half (6 x 1/12) of their annual leave entitlement.

3.7.2 Officers and staff leaving will be entitled to 1/12 of their annual leave entitlement for each completed calendar month of service.

3.7.3 When employment is terminated, for whatever reason by either side, a member of the force will receive payment for accrued outstanding annual leave entitlement if it is not possible to take leave during the period of notice.  When a police officer or police staff transfers to another police force no payments will be made.  Where a police officer or police staff has taken more than their proportionate entitlement upon leaving the excess will be deducted from their final salary.  Human Resources HR Services will work out any such payments in accordance with current force policy and legislation.

3.7.4 Police Officers and Police Staff – Essex Only

3.7.5 Newly appointed officers will be entitled to 1/12 of their annual leave entitlement for each completed calendar month of service. Hence an officer starting on 1st October, 6 months into the leave year, will be entitled to half (6 x 1/12) of their annual leave entitlement.

3.7.6 Officers leaving will be entitled to 1/12 of their annual leave entitlement for each completed calendar month of service.

3.7.7 Newly appointed staff will be entitled to leave proportionate to the number of completed days of service during the annual leave year.

3.7.8 Staff leaving will be entitled to to leave proportionate to the number of completed days of service during the annual leave year.

3.7.9 When employment is terminated, for whatever reason by either side, a member of the force will receive payment for accrued outstanding annual leave entitlement if it is not possible to take leave during the period of notice. When a police officer or police staff transfers to another police force no payments will be made. Where a police officer or police staff has taken more than their proportionate entitlement upon leaving the excess will be deducted from their final salary. Human Resources HR Services will work out any such payments in accordance with current force policy and legislation.

3.8 Maternity, Adoption and Shared Parental Leave

3.8.1 Annual leave and bank holidays accrue during Maternity, Adoption and Shared Parental leave for both police officers and police staff. The accrued time will be available to book though SAP in the usual way.

3.8.2 Prior to commencement of Maternity, Adoption or Shared Parental leave, officers and staff must make arrangements to use any excess annual leave either before the beginning of or at the end of their maternity leave period or risk losing this annual leave.

3.8.3 Anyone wishing to carry over annual leave from one leave year to another should refer to the following sections for details on how much leave might be permitted and how to apply:

• Appendix A - section 2.2 for Kent Police officers; section 3.6 for Kent Police staff;
• Appendix B – section 2.2 for Essex Police officers; section 3.6 for Essex Police staff.

3.8.4 You will be allowed to carry over a pro-rata number of hour’s dependant on the amount of time you are off on maternity leave. For example if you are on Maternity, Adoption or Shared Parental leave for 6 months you could carry over up to half your annual leave entitlement; any hours above this should be booked and taken before going on leave.

3.8.5 For further information regarding Maternity, Adoption and Shared Parental leave please see L 11340 Protocol - Work Life Balance section 3.3.

3.9 Annual Leave and Long Term Sickness

3.9.1 Police officers and members of police staff have the right to take annual leave during periods of long term sickness, although a FIT NOTE medical certificate would still need to cover the leave. For example, going away on annual leave and do not want to be contacted; if sick entitlement has decreased to half pay or nil pay, annual leave will be offset against any statutory sick pay that police officers or police staff receive at the time of the annual leave. Form PERS155 should be used to book such leave.

3.9.2 Home visits and contact should cease, if agreed by both parties during this period of annual leave. Taking annual leave whilst also on sick leave will not affect your sickness record.

3.9.3 Police officers and members of police staff will still accrue annual leave during periods of long term sickness absence. Where an individual who is long term sick does not take their leave entitlement, for reason of sickness, within the leave year they will be entitled to carry over a maximum of 20 days statutory leave days into the new leave year. The following calculation is used when determining how many days of annual leave can be carried over: annual leave entitlement divided by 365 multiplied by the number of days absent in the leave year.

3.9.4 Bank holiday entitlement is not accrued during sickness for a member of staff on long term sickness. Each bank holiday during absence should be booked and taken as normal.

3.9.5 Police officers and members of police staff who have been long term sick and have an outstanding leave balance in in excess of 5 days (or pro rata) for police staff or 40 hours (or pro rata) for police staff of the carry-over will only be entitled to carry over annual leave, if the annual leave is not used prior to 18 months from the original leave year allocated. Case Law (Plumb v Duncan Print Group LTD – 2015) sets out that an 18 month period from the end of the annual leave year should be given to allow for the 20 days statutory leave to be taken.

3.9.6 Please refer to the following sections in relation to carry over of leave:

• Appendix A - section 2.2 for Kent Police officers; section 3.6 for Kent Police staff;
• Appendix B.– section 2.2 for Essex Police officers; section 3.6 for Essex Police staff.

3.9.7 All contractual/regulatory leave entitlement over the 20 days statutory annual leave days will be forfeit at the end of the 18 month period.

3.9.8 A police officer or member of staff on leaving the organisation who has not been able to take annual leave, due to long term sickness will be entitled to accrued outstanding annual leave from that current years entitlement, in addition to a maximum of 20 days statutory allowance (pro rota for part time) from the end of the previous annual leave year.

3.9.9 Therefore an example is as follows:

Period of Sickness During Annual Leave Accrual Year	Statutory Allowance	Statutory Annual Leave holiday must be taken by, after which it will expire
Between 1 April 2015 and 31 March 2016	20 days	30 September 2017
Between 1 April 2016 and 31 March 2017	20 days	30 September 2018
Between 1 April 2017 and 31 March 2018	20 days	30 September 2019
Between 1 April 2018 and 31 March 2019	20 days	30 September 2020

3.10 Annual Leave and Short Term Sickness

3.10.1 Annual leave and short term sickness is currently being reviewed in both forces, current positions can be found in the following documents:

• Appendix A – section 3.11 for Kent Police Officers and Staff
• Appendix B – section 3.11 for Essex Police Officers and Staff

3.10.1 Annual Leave and Short-Term Sickness – Kent Only

3.10.1.1 Where a member of staff or officer has booked an annual leave day and wishes to reclaim that day due to sickness, they will need to follow the normal sickness reporting procedure as set out in Attendance Management Policy (L180) and the absence will be managed in accordance with the Attendance Management Process (AMP).
Where a member of staff or officer has booked a period of annual leave and then during that period reported sick, the same would apply as detailed above, i.e, they would follow the normal sickness reporting procedure.

3.10.2 Annual Leave and Short-Term Sickness – Essex Only

3.10.2.1 Where a member of staff or officer has booked an annual leave day and wishes to reclaim that day due to sickness, they must follow the normal sickness reporting procedure; they must speak to their line manager on the day of sickness. A return to work interview would need to be done and the sickness managed as normal.

3.10.2.2 Where a member of staff or officer has booked a period of annual leave and then during that period reported sick, the same would apply as detailed above, i.e., they would have to ring in each day or within 24 hours, unless the line manager decides that due to the nature of sickness absence a daily call is not required (i.e., a broken leg).

3.10.3 Bank holiday entitlement is not accrued during sickness for a member of staff on short term sickness. Each bank holiday during absence should be booked and taken as normal.

3.10.3 Annual Leave and Suspension

3.10.3.1 Officers or staff suspended from duty may take annual leave during the course of suspension. Normally it is expected that officers or staff suspended for an extended period will take their leave during this period.

3.10.3.2 In the event of a suspended officer or staff being reinstated before the expiration of the appointed annual leave year, the officer or staff will be entitled to apply for any outstanding period of annual leave due. However, in the event of there being insufficient time left in the appointed annual leave year for the officer or staff to be granted their full period of annual leave, any remaining entitlement will be allocated to them and they will be allowed to carry it forward to the next year.

3.10.3.3. The rest day rota of suspended officers or staff will automatically revert to Saturday and Sunday from the time of suspension taking account of the appropriate Regulations.

3.11 Unpaid Leave

3.11.1 This section sets out employer discretions in approving unpaid leave to police officers and members of police staff.

3.11.2 LPA/Divisional Commanders and Heads of Department have the discretion to authorise periods of unpaid leave for police officers and police staff in addition to or to supplement other time-off balances such as annual leave, time-off in lieu, flexi time, parental or adoption leave and time off for dependents. This period of unpaid leave should not exceed 30 days. Where periods of unpaid leave are required that exceed 30 days, this must be arranged in consultation with the Head of Operational HR.

3.11.3 The Head of Operational HR is authorised to grant unpaid leave to any employee, irrespective of their length of service.

3.11.4 Unpaid leave is granted on the basis that the employee will receive pay for public holidays or the Christmas concessionary day (applicable to Kent Police Staff only), which fall within, or are continuous with, a period of unpaid leave where the employee would not have been required to work and the total period of unpaid leave does not exceed 30 days.

3.11.5 When the period is in excess of 30 days, the unpaid leave is granted on the condition that the contract for employment for Police Staff is suspended for the period of unpaid leave. The employee will, therefore, have no conditions of service during the period of unpaid leave and will not be able to accrue annual leave or bank holiday entitlements during this period of unpaid leave. Employees who are members of the superannuation scheme will be given the opportunity to make arrangements for the continued payment of superannuation contributions during the period of unpaid leave.

3.11.6 Unpaid leave to take up other paid employment will not normally be approved but may be considered in exceptional circumstances.

3.11.6.1 Reasons for Unpaid Leave

3.11.6.1.1 Unpaid leave may be considered appropriate for:

• Caring responsibilities;
• Extended foreign travel;
• Education or training;
• Voluntary/community work;
• Appointments to roles to participate in the business of organisations of employees whose objects include the improvement of the remuneration, status and conditions of employment of the members of that organisation;
• Appointments to roles as examiners for University, physical training and similar examining boards or bodies;
• Other circumstances that are regarded as appropriate.

3.11.6.1.2 When considering a request for unpaid leave, the LPA/Divisional Commander or Head of Department will take account of the likely operational implications including the impact on colleagues, continuity of service delivery, any difficulties in providing temporary cover for the individuals work and the financial implications of this temporary cover arrangement. Where requests are not approved, the rationale for this decision will be provided in writing to the applicant.

3.11.6.2 Exclusions

3.11.6.2.1 Leave granted for the following shall not be regarded as leave of absence to:

• Attend meetings of the Associations of Local Authorities;
• Serve upon deputations appointed by the Associations of Local Authorities;
• Confer with officers of Departments of State at the request of or on the business of the Association;
• Attend as representatives of the Associations, meetings of any bodies to which the Associations exercise a right of nomination or appointment;
• Attend meetings of societies of Chief Officers.

3.11.6.3 Procedure

3.11.6.3.1 The request for unpaid leave must be made in writing detailing the duration and reason. The application is to be sent to LPA/Divisional Commander or Head of Department.

3.11.6.3.2 Where the period request is in excess of 30 days the application is to be forwarded to the Head of Operational HR with the LPA/Divisional Commander or Head of Department’s rationale for supporting the request including details of how the abstraction will be managed.

3.11.6.3.3 The Head of Operational HR shall deal with all applications made in accordance with this protocol.

3.11.6.3.4 Employees must give 2 weeks’ notice in writing to the Head of Operational HR before unpaid leave can be granted under these provisions.

3.11.6.4 Disputed Cases

3.11.6.4.1 In disputed cases the matter shall be referred to the Head of Operational HR. Where the decision in dispute was made by the Head of Operational HR, the matter will be referred to the Director of HR whose decision will be final.

3.11.6.5 Impact on Annual Leave, Bank Holidays and Pensions

3.11.6.5.1 Please note that an individual’s entitlement to annual leave will not accrue during any period of unpaid leave, although there are special provisions relating to the accrual of annual leave in the following circumstances:

• During unpaid sick leave; and
• Unpaid leave taken as maternity leave, parental leave and time off for dependants.

3.11.6.5.2 Annual leave entitlement will be reduced in proportion to the amount of unpaid leave taken, although in practice:

• Periods of unpaid leave of a week or less will not result in any reduction in the annual leave entitlement;
• Periods of unpaid leave includes a bank or extra statutory holiday, the individual will receive pay for that day.

3.11.6.6 Regulation 24

3.11.6.6.1 For police officers who take unpaid time off, this period shall be disregarded when counting reckonable service in any rank. There is, therefore, no ability for police officers to make up their pension contributions for any period of unpaid leave.

3.11.6.7 Pension Implications for Police Staff

3.11.6.7.1 For periods of unpaid leave of 30 calendar days or less:

Pension Contributions
Unpaid Leave	Employee	Employer
30 calendar days or less	Mandatory to Pay	Paid by Employer
30 calendar days or more	Choice:  Pay  Not to Pay	Paid Not Paid

3.11.6.8 Maintaining Contact

3.11.6.8.1 During any period of approved unpaid absence of less than 30 days the individual will maintain contact with their line manager.

3.11.6.8.2 Police staff who take a period of unpaid leave which extends beyond 30 days, and with the exception for periods of unpaid maternity leave, parental leave and unpaid sick leave, the employee shall be notified that the unpaid leave is granted on the condition that the contract of employment is suspended for that period. The employee will therefore have no conditions of service during the period of unpaid leave.

3.12 Transferred Service

3.12.1 Police staff and police officers who transfer from the service of another police force may count their previous service towards their long service entitlement to annual leave. Essex staff please refer to PSC section 6.7.

3.13 Kent Police

3.13.1 For specific reference to Kent Police Staff or Kent Police Officer annual leave arrangements including recall from annual leave please click here for Appendix A.

3.14 Essex Police

3.14.1 For specific reference to Essex Police Staff or Essex Police Officer annual leave arrangements including recall from annual leave please click here for Appendix B.

4.0 Equality Impact Assessment

4.1 This protocol has been assessed as having a low equality impact.

5.0 Risk Assessment

5.1 There is no specific written risk assessment or health and safety consideration thought relevant to the content of this protocol.

6.0 Consultation

6.1 The following have been consulted during the formulation of this document:
• Unison - Kent and Essex
• Police Federation - Kent and Essex
• Equality and Diversity Co-ordinator
• Health & Safety
• Strategic Change Team
• PSD Superintendent - Kent and Essex
• Policy/Risk
• Superintendents Association - Kent and Essex
• Financial Services - Kent and Essex
• HR Partners - Kent and Essex
• Head of Employee Relations

7.0 Monitoring and Review

7.1 This protocol is due for review every 2 years. In the interim period the protocol will be reviewed as necessary, particularly as a result of changes in legislation, best practice and other relevant guidance (such as ACAS).

8.0 Governing force policy

Related force policies or related procedures (Essex) / linked standard operating procedures (Kent)
8.1 This HR protocol supports the overarching HR policy L1.
• L 11340 Protocol – Work Life Balance

8.2 Data Security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.3 Retention & Disposal of Records

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

8.3.2 We will only hold data for as long as necessary for the purposes for which we collected.