Leave

Refusal of leave

Employers should not refuse your leave due to strike action. We have been informed of some Boards in Scotland seeking to blanket reject requests for all discretionary leave (annual leave, study leave, etc) from resident doctors in the new year.

It is in the interest of boards to safeguard the health and wellbeing of their staff and ensure the continued safety of patients by allowing resident doctors to take their full annual leave. This is also in the best interests of the resident doctors themselves.

Both employers and resident doctors as employees must make every effort to work together to ensure that resident doctors are able to take the full annual leave entitlement. Rejecting out of hand requests to take annual leave fundamentally undermines this process. Where possible, the employer should, respond positively to all leave requests and should normally agree reasonable requests.

Leave due a life-changing event

As laid out in your terms and conditions of service [DL (2018)16] employers should normally allow annual leave to be taken when it has been requested for significant life events (e.g. weddings, funerals). Where possible, doctors should provide a minimum six weeks’ notice to their employer. There may be significant life events that determine the doctor to give less than six weeks’ notice, and in these circumstances, doctors should notify the employer requesting leave as early as possible. If you are refused such a request from your employer you should contact the BMA for advice and support immediately.

Leave cancellation

Employers will have advance notice of strike days and should make arrangements which do not involve cancelling annual leave to ensure continuation of services to patients. As such, it should not be necessary for employers to try to cancel your leave. Seeking to cancel annual leave should be a last resort only after all other options have been considered and exhausted. If your employer seeks to cancel pre-booked leave, you should contact us. This is unlikely to be an effective strategy for employers as those Resident doctors called back from leave would have the right to strike and be absent anyway.

Time out of Training (TOOT)

Read our guidance on TOOT and strike days.

Study leave

We recognise the importance of study leave for resident doctors. As such, and where practical, we recommend rescheduling your study time (particularly hospital-based learning) to a period when it is not impacted by industrial action and when you can better use it as it is meant to be used. If your employer seeks to cancel your study leave, you should contact the BMA for advice and support.

Additional advice

We will support members if an employer takes action against them as a result of their involvement in industrial action.

Find out more about the terms of this support by reading your contract of membership in the 'My BMA' section. 

Wellbeing advice

We recognise the impact engaging in industrial action can have you on your wellbeing. If you require any support, please contact our wellbeing and support services.