Part 2 Section 5

From SNCT Handbook

PART 2: SECTION 5 - ANNUAL LEAVE

Teachers and Music Instructors'

Leave Year

5.1 The leave year shall run in conjunction with the academic session. Leave shall not normally be carried over from one leave year to another, except in circumstances defined in Sections 6 and 7.

5.2 The normal pattern of annual leave will be determined by the council, after consultation with the teacher trade unions recognised by the council. It is recommended that annual leave given in full weeks and is set as follows – Autumn Holiday 5 days, Festive Holiday 10 Days, Spring Holiday 10 days, Summer Holiday 15 days (to include the final week of the holiday period). As per para 5.6.

Annual Leave Entitlement

5.3 The annual leave entitlement of a full time teacher or music instructor shall be 40 days. Pro rata arrangements shall apply to part time staff and those employed for any part of the leave year. Public holidays are included in this entitlement. A teacher or music instructor working for an entire school session will accrue a full leave entitlement. The annual leave entitlement is inclusive of statutory leave entitlement.

Note: Statutory leave entitlement is currently 5.6 weeks (28 days).

5.4 All teachers and music instructors will accrue paid leave on the basis of 0.20513 of a day for each day worked in the school session and pro rata for each part day. ‘Days worked’ include any period of family leave, days of sickness and any other form of paid leave, except for annual leave. Accrued annual leave as a result of family leave will count as ‘days worked’.

5.5 Within the leave year, the balance of days beyond the working year (Part 2, Section 3, paragraph 3.5) and the annual leave entitlement, excluding Saturdays and Sundays, shall be days of school closure.

5.6 Within each council the placement of the 40 days annual leave within the school holiday periods shall be determined by the council’s LNCT. The LNCT shall allocate the leave days in a broadly proportionate manner across the four main school holiday periods (Autumn, Winter, Spring and Summer). The balance of days within the school holiday periods shall be days of school closure.

Leave Taken during Days of School Closure

5.7 Where accrued leave arising from maternity leave, adoption leave and paternity leave is directed to be taken during days of school closure an additional payment will be made for each day of leave, in accordance with Part 2, Section 1, paragraph 1.8.

Leave on Termination of Employment

5.8 Where a teacher or music instructor leaves the employment of a council, the leave entitlement is the number of days leave accrued within the school session less the number of days leave already taken. In circumstances where a termination or resignation immediately follows a period of sickness leave or maternity leave, the calculations may include leave over more than one leave year as described in Sections 6 and 7. Where any balance of leave cannot be taken, the teacher or music instructor will be paid in lieu of leave accrued. The calculations detailed in Appendix 2.19 – “Pay and Leave Specification” take cognisance of any outstanding leave due to the teacher or music instructor.

5.9 Where a teacher or music instructor who, at the date of leaving employment, has taken more leave than the accrued entitlement the council may recover a day’s pay for each day taken in excess of the accrued entitlement. The calculations detailed in Appendix 2.19 – “Pay and Leave Specification” take cognisance of any excess leave taken by the teacher or music instructor.

5.10 A teacher or music instructor moving to a new council shall abide by the pattern of holidays established for that leave year by the new council.

Prolonged Sickness and Annual Leave

5.11 See Section 6 (Sickness Allowances and Notification Arrangements), paragraphs 6.35 – 6.41.

Educational Psychologists, Senior Educational Psychologists, Depute Principal Educational Psychologists and Principal Educational Psychologists and Education Support Officers, Quality Improvement Officers and Quality Improvement Managers

Leave Year

5.12 The leave year will be the same as the leave year for Scottish Joint Council employees.

5.13 Public holidays in the council area shall be included in the annual leave entitlement.

Annual Leave Entitlement

5.14 For those with less than 5 years continuous service the annual leave entitlement is 35 days.

5.15 For those with 5 years or more continuous service at the beginning of a leave year, the annual leave entitlement is 40 days.

Note: Conservation of Annual Leave Entitlement

Employees who at the beginning of the leave year 2009/2010 have an entitlement of in excess of 35 or 40 days will retain this leave entitlement for 3 leave years or until overtaken by the provisions of 5.12 and 5.13 above, whichever is the sooner.

5.16 The leave entitlement for part-year service will be calculated on a pro-rata basis.

5.17 Any previous employment with councils, employers listed in the Redundancy Payment (Local Government) (Modification) Order 1990 (as amended) and any other employment deemed by the council to be relevant, should be counted as continuous service as long as there has not been a break of a year or more.

Leave on Termination of Employment

5.18 On leaving employment with the council, the leave entitlement accrued within the current leave year should be calculated. In circumstances where a termination or resignation immediately follows a period of sickness leave or maternity leave, the calculations may include leave over more than one leave year as described in Sections 6 and 7. Where fewer days have been taken than the number of days leave accrued, a day’s pay for each unused day of leave should be paid.

5.19 Where more leave has been taken than the accrued entitlement, the council may recover a day’s pay for each day taken in excess of the accrued entitlement.

Prolonged Sickness and Annual Leave

5.20 See Section 6 (Sickness Allowances and Notification Arrangements), paragraphs 6.42 – 6.49.

Teachers and Associated Professionals

Death in Service

5.21 Where a death occurs in service, the personal representatives of the deceased shall be paid an allowance in lieu of any holidays that had accrued at the date of death.