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Hi, if anyone can help then great:
I'm looking to leave the NHS. purely because I hate being a nurse but that is a separate matter.
I need to give 28 days notice.
I'm due a month off in June for a new baby we are expecting. That compromises of 2 weeks AL and 2 weeks paternity (paid).
I will have accrued 84 hours AL up to the 30th of June which is my planned date to leave.
I wish to use that four weeks as my notice period.
My HR dept can not tell me:
A. If I would be entitled to to the paid occupational paternity during my notice (11 years NHS service so its fully pay not stat pay).
B. They say it would be my managers discretion if I were to be allowed to use my AL during my notice as I would essentially not be working any of my notice period. But surely accrued leave is mine to take?
anybody any wiser?
Dates for accrued leave are normally by negotiation/permission of your employer.
AL is at MUTUAL discretion ie it is entirely up to your manager to grant a request you make. However it is usual to use any AL up in your notice period. YOu can try the resignation letter with something like. "I am resigning with immedate effect. I have AL owing. I will be taking this AL in my notice period so my last working day is......" However is this fair on your colleagues?
Read the employee handbook which should be easily available - that should tell you
ta.
scotroutes - Member
Dates for accrued leave are normally by negotiation/permission of your employer.
Contractually I can accrue leave up until the day I leave. It is when do I take it?
tjagain - Member
AL is at MUTUAL discretion ie it is entirely up to your manager to grant a request you make. However it is usual to use any AL up in your notice period. YOu can try the resignation letter with something like. "I am resigning with immedate effect. I have AL owing. I will be taking this AL in my notice period so my last working day is......" However is this fair on your colleagues?Read the employee handbook which should be easily available - that should tell you
When changing Jobs previously I've been allowed to take the leave as you say but this time I'd not be working at all. In regards to being fair on colleagues the leave and pat pay has been planned and agreed for 5 months now so they know i'm having the 4 weeks off, it would just mean I don't return. I'm sure some will be happy anyway. Someone will get a promotion!
As for employee handbook:
The employee handbook (agenda for change), my own contract and local leave procedures do not have the answers to the queries:
Maternity pay has to be paid back if you leave the NHS within 3 months of return to work or not returning at all. That is based on 9 months pay. No mention is made on paternity leave of two weeks.
Annual leave as I've said is accrued even during your notice period. As you say, it is taken in agreement with management. but then if its denied and I leave then they owe me 84 hours no? There is no guidance in the handbook, contract etc.
HR cant answer and if they don't know then i'm lost as well.
Yes - if you don't have the annual leave as time you get it as pay.
That.tjagain - Member
Yes - if you don't have the annual leave as time you get it as pay.
There is employment law then your trust policies and agenda for change there is no NHS employment law.
Scotroutes and TJ cover the rest.
OK Thanks.
Was in this situation last year.
After 16yrs NHS I had to give a ridiculous notice period of something like 12 weeks which would have seen me lose my job offer with the other NHS trust I was moving to.
Managed to negotiate down to 6 weeks due to a good relationship with management and a blemish free track record at work re. any disciplinaries, complaints etc.
Unfortunately new employer moved the goal posts and wanted me in 4 weeks....had to literally write a begging letter to HR and my manager explaining the situation and asking for understanding.....even offered to forfeit any pay owing to me if I could go early.
Long story short they met me halfway and agreed a 4 week notice period but I wasn't allowed to take any leave (i'd accrued about 1/4 of my year's entitlement at that stage)....instead they paid that leave in my final pay slip which was actually really helpful with a house move imminent.
In short, negotiate....don't get stroppy, as others have said; it's all done with mutual agreement.