Your annual leave entitlement is defined in your terms and conditions of employment and, for hospital doctors, in the national terms and conditions of service for your grade.
Most full-time hospital doctors are also entitled to eight days of public holiday and two days statutory holiday, or days in lieu thereof. The two statutory days may, by local agreement, be converted to a period of annual leave.
|Grade||Annual leave entitlement||Notes|
|Consultant (pre-2003 contract)||6 weeks|
|Consultant (2003 contract)||6 weeks||+ 2 extra days after 7 years in the grade in England and Northern Ireland|
|Associate specialist||6 weeks||+ 2 extra days after 7 years in the grade (by local agreement)|
|Staff grade||5 weeks for first 2 years; 6 weeks in subsequent years||A newly appointed staff grade may be entitled to 6 weeks leave immediately if previous post carried 6 weeks entitlement|
|Specialty doctor||5 weeks for first 2 years, except where the immediate previous post had 6 weeks entitlement, in which case 6 weeks applies. 6 weeks in subsequent years|
|Junior doctors (2002 contract): StRs, StR(FT)s and SpRs on the 3rd or higher points of the payscale||6 weeks||Systems should be in place to monitor leave on an annual basis, rather than by each rotation only. Check with local employers how this is managed|
|Foundation year 1, Foundation year 2 and StRs, StR(FT)s and SpRs on the minimum, 1st or 2nd points of the payscale||5 weeks|
|Junior doctors (2016 contract): on first appointment to the NHS||27 days|
|Junior doctors (2016 contract): after five years’ NHS service||32 days|
|Junior doctors (2016 contract): senior and clinical medical officers, hospital practitioners||6 weeks|
Read more about annual leave for consultants
Read more about annual leave:
- for junior doctors on the 2002 contract
- for junior doctors on the 2016 contract (PDF) [LINK].
Less than full-time trainees
Annual leave for less than full-time trainees should be calculated on a pro-rated basis. For example, a less than full-time trainee working 60% of a full-time rota should receive 60% of the entitlement to annual leave, and 60% of the entitlement to public holidays.
For medical academics, other than those employed by the NHS, leave entitlements are determined by the university employer. This entitlement should, however, be no less than that for equivalent NHS employees.
Read more in the medical academics handbook (PDF).
Consultants in England and Northern Ireland are eligible for two additional days leave after seven years of service, but there is no such entitlement for specialty doctors, staff grades and associate specialists.
It is BMA policy that the entitlement should also apply. The SAS doctors committee has written to all LNCs (local negotiating committees) asking them to negotiate this locally, and we’re aware that many have agreed to recognise the seniority of those in the SAS grades in this way.
Please contact your HR department or LNC to ascertain whether this has been agreed in your trust.
Annual leave is defined in your partnership agreement and is normally a minimum of six weeks. Salaried GPs have annual leave defined in your contract with the practice or employing authority and this, again, is normally six weeks.
Other GP-employed staff
All other GP-employed staff are entitled to 5.6 weeks (28 days if a five-day week is worked) of paid leave.
This entitlement includes public holidays, and is reduced on a pro-rata basis for those working part-time.
This is a requirement of the Working Time Regulations and pay in lieu of time off is not an option, except on termination of employment.
Part-time workers should receive the same entitlement as their full-time colleagues, on a pro-rata basis.
It is important to check how annual leave entitlement is expressed in contracts of employment – ie in terms of weeks, days or hours – and that pro-rating is correctly applied.
A failure to correctly pro-rate holidays for part-time staff places the employer in breach of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2002.
Locum doctors and 'rolled up holiday pay'
- Rolled up holiday pay means you’re paid in lieu of annual leave, as part of the payment for your services.
- Your payslip should clearly distinguish between pay for your service and pay for annual leave.
- Locum doctors are entitled to the same benefits as other employees after 12 weeks with the same employer.
All employees are entitled to statutory paid annual leave of 5.6 weeks per annum, or 28 days, which can include public holidays. The same is true for locum doctors, who should receive the entitlement on a pro rata basis.
Also, after 12 weeks of working for the same employer, you are entitled to the same benefits as those employed directly.
Some locums don’t receive an annual leave entitlement from the employer; this is partly due to the practical difficulties associated with working on a short-term or intermittent basis.
To compensate locums for the entitlement, whether statutory or contractual, some employers use ‘rolled up holiday pay’. This means your employer has ‘rolled up’ the pay you would have been entitled to, in lieu of annual leave, into the agreed rate for your services.
You should be at no financial disadvantage when you decide to not undertake work, as you have already received payment for the equivalent annual leave you would have used.
In 2006, the European Court of Justice ruled the practice of ‘rolled up holiday pay’ unlawful, as it could mean workers feel unable to take their statutory leave and could therefore contravene Working Time Regulations.
However, being paid in this way can be attractive to employees, and there can be an exception to the ruling if employers use rolled up holiday pay transparently. This means your payslip should clearly distinguish between payment for your service and for annual leave, as two distinct amounts.
The practice can be beneficial. If you work for an employer only briefly, it might be difficult to arrange leave, so you may find it easier to automatically receive pay in lieu of leave, and to receive it immediately instead of waiting for it to accrue.
If you undertake locum work, ensure your employer is aware of your statutory entitlement to annual leave, or compensation for it, as well as your entitlement to equal treatment after 12 weeks of service.
If they are planning to roll up holiday pay, they should make you aware of this from the start. When you receive your first payslip, check that the holiday pay is a separate amount. If you aren’t sure, contact the BMA for advice.
Requests and authorisation
Granting annual leave will always be at the discretion of the employer, and most employers have a formal system to request leave. No employer should unreasonably refuse a request providing it came through the agreed channels, and gives reasonable notice to allow for alternative cover arrangements.
- For most hospital employed staff, ‘reasonable’ notice is often based on lead time for out-patient clinic or theatre appointments; usually around six weeks.
- However, the amount of notice that is practical to give may be less as, for example, juniors may not have access to rotas as far in advance as other staff.
- Consultants in England are required to give at least two months’ notice of leave requests.
Carrying over annual leave
In most employers, the annual leave that may be carried over at the end of the leave year is limited to five days or less.
Check your contract or employer’s local policy on this. Working Time Regulations require at least 5.6 weeks paid annual leave to be taken in each leave year; all employees are expected to take this as a minimum.
A European Court of Justice ruling established that, where staff are absent from work on long-term sick leave and are thus unable to take the statutory minimum leave (ie 5.6 weeks per year), they must then be entitled to carry over the difference between annual leave taken and the statutory minimum leave into the next year.
Should they subsequently leave their employment, the annual leave outstanding and paid in lieu on termination will include the amount carried over.