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MDS received an enquiry from a part-time Locum Consultant Radiologist who was confused about the inclusion of bank holidays in their pro-rata annual leave entitlement. They sought guidance on the correct calculation and asked if they could substitute working on bank holidays for taking leave on those days.
The doctor’s usual working day coincided with a bank holiday, but their employer instructed them to take it as annual leave. The doctor subsequently questioned whether they could choose to work on the bank holiday instead of using their annual leave entitlement.
NHS staff working part-time have their total leave entitlement, including bank holidays, calculated on a pro-rata basis in hours. This calculation ensures fairness, giving part-time employees an equitable share of the total leave, regardless of their specific working pattern. Unlike full-time staff, who automatically receive 8 public holidays as leave, part-time staff do not automatically get every bank holiday off.
Our advisors thoroughly checked the annual leave entitlement for the doctor who approached MDS after being instructed to include all bank holidays as part of their annual leave days.
The team informed the doctor that working on a bank holiday was only permissible if agreed upon by their line manager or rota coordinator. If approved, the bank holiday would not be deducted from their pro-rata leave entitlement.
However, when the doctor sought department approval to work on the bank holiday, the request was declined because the service was not required. Consequently, the doctor was obliged to take the bank holiday as leave, resulting in a deduction from their annual leave.
Under NHS Terms and Conditions, annual leave and public holiday entitlement is calculated in hours, not days, on a pro-rata basis. This system ensures fairness regardless of an employee’s working pattern.
Specifically, part-time staff receive a proportionate share of total leave, which accounts for all holidays, including public holidays. This differs from full-time employees who automatically receive all bank holidays. This methodology is used to prevent any unintended advantage in leave entitlement that might arise from different working patterns.
For part-time employees, a leave deduction is typically required if a bank holiday falls on a day they would normally work. This is considered standard practice to ensure fairness; otherwise, part-time staff could accrue more effective leave than full-time colleagues.
Consequently, the hours that would have been worked on a bank holiday must be deducted from the part-time employee’s leave entitlement if it coincides with a usual working day. No leave deduction is necessary if the bank holiday falls on a scheduled non-working day.
Part-time staff have the option to work on bank holidays, subject to service needs and approval. If a doctor chooses to work on a bank holiday instead of taking it as annual leave, they can request this, and if approved, those hours will not be deducted from their annual leave entitlement. This flexibility is intended to give staff more control over their leave while also supporting operational requirements, provided it is managed collaboratively and with adequate notice.
Find yourself in a similar situation? Contact MDS as soon as possible to discuss your situation, our team will support you in making the best decision for you and your patients. Call our office on 0300 30 32 442 or email or case managers at [email protected] mentioning your membership number.
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