Study and professional leave for resident doctors
This advice covers resident doctors’ entitlements to time off for study leave and professional leave.
Study leave
Study leave is leave that allows time, inside or outside of the workplace, for formal learning that meets the requirements of the curriculum and personalised training objectives. This includes but is not restricted to participation in:
- study (linked to a course or programme)
- research
- teaching
- taking examinations
- attending conferences for educational benefit
- rostered training events
Attendance at statutory and mandatory training (including any local departmental training) is not counted as study leave. This means you do not have to use your study leave to attend obligatory training.
Requests for study leave should be viewed positively in most circumstances, provided that service delivery needs can be safely met.
Allowances
| Grade | Days per annum |
|---|---|
| Foundation doctor year 1 | 15 days |
| All other doctors in training | 30 days |
If you are on a contract of employment of less than 12 months’ duration you are entitled to study leave on a pro rata basis.
LTFT entitlement to study leave is calculated on a pro rata basis. If you are required to undertake a specific training course required by the curriculum, which exceeds your pro rata entitlement to study and /or professional leave, your employer is required make arrangements for additional study leave to be taken, provided that this can be done while ensuring safe delivery of services.
Professional leave
Professional leave should be used for any work outside of the requirements of the curriculum and/or the employer/host organisation for professional bodies such as Royal Colleges, Faculties or the GMC/GDC.
Leave to take the MSRA should be considered professional leave as it is part of a job application process.
Job interviews
Professional leave should also be granted for job interviews for roles in the NHS, public health, academic, NHS commissioned community health and hospice appointments. You should provide rota coordinators with as much notice as possible to allow them to effectively plan the roster.
Professional work for a trade union
Nontrade union activities undertaken for a recognised trade union, for example work on an Ethics Committee would count as professional work, however trade union duties and activities are covered through recognition agreements.
Requesting study leave as a resident doctor
The administration of how you can access the funding and time off for study leave varies between nations of the UK. When starting a training programme, resident doctors should check the deanery’s policy on study leave. Postgraduate deans have overall responsibility for managing study leave budgets within their areas and will have specific local processes for how these will be accessed.
It is not the responsibility of the resident doctor to find or arrange any locum cover during the study leave period. Resident doctors should contact the human resources department to find out the procedure for applying for study leave in their hospital.
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Study and professional leave for consultants
Professional or study leave is granted for consultants for postgraduate purposes approved by the employing authority. It covers study (usually but not exclusively or necessarily on a course), research, teaching, examining or taking examinations, visiting clinics and attending professional conferences.
For all consultants, there is a contractual entitlement of 30 days study and professional leave with pay and expenses within each three-year period. Some employers will interpret this as 10 days per year. Check local agreements as appropriate.
In Scotland
In Scotland professional all study leave for a consultant will normally be granted to the maximum extent consistent with maintaining essential services up to 30 days (including off duty days falling within the period of leave) in any three years for leave within the European Union. Any such leave will be granted with full pay. Where the leave is taken within the United Kingdom it will be granted with full reimbursement of associated expenses.
Within the EU
When leave is taken elsewhere within the European Union, it will be granted with reimbursement of associated expenses at a level agreed between the consultant and the employer, which will normally be comparable with the level of expenses available or study leave within the UK. Most NHS boards in Scotland have local agreements which include the EEA as opposed to the European Union.
An employer may at its discretion grant professional of study leave in the EU in addition to the 30 days in any three years with or without pay and expenses or any proportion thereof. An employer may grant professional or study leave outside the European Union (EEA) with or without pay and expenses or with any proportion thereof.
Where leave with pay is granted the consultant must not undertake any remunerative work without the special permission of the employer.
Previously, entitlements to study and professional leave applied to UK-based courses, seminars, etc., but this has now been extended to cover any study leave within the European Union. Applications for study or professional leave outside the EU will normally be judged on their own merits and there is no specific entitlement to paid time off or expenses for such requests.
After 31 October
It remains unclear what impact the UK leaving the European Union will have on undertaking study leave in EU countries. For the time being, we would expect the current arrangements to continue.
Considerations when applying for study leave
- Ensure the likely expenses to be incurred are estimated as accurately as possible and check the provisions of the local policy in advance of submitting an application
- Once a study leave application is accepted then employers must pay all reasonable expenses associated with that period of leave
- Many employers will have 'capped' study leave budgets, but in most cases the agreed procedure will allow for payment of all expenses, so local policies should be checked where partial funding of course and/or restrictions on expenses are being proposed for approved study leave It is worth noting, however, that the Department of Health & Social Care (England) has said that it is unreasonable for employers to pre-determine the level of expenses which they are prepared to approve in connection with study leave applications
- The right to take study leave does not depend on the employer's financial position – it is a contractual right. Employers should accept the natural consequences of granting study leave and pay all reasonable expenses associated with a period of approved study leave
- Employers should not turn down study leave applications on non-educational, including financial, grounds
- Study leave should not be used for inappropriate purposes, for example attending advisory appointments committees (this is an external duty)
- Where study leave claims are turned down or expenses not paid, employees can pursue the issue of non-payment of expenses as a grievance or through the courts as a civil claim.
Special leave
The employment rights act 1996 provides the right to time off for a variety of different reasons for example public and civic duties, ante - natal care and care of dependents.
In Scotland the 2015 PIN policy ‘Supporting the Work-Life Balance’, details the provisions every NHS board is required to implement locally with regard to special leave and consultants should refer to the locally agreed special leave policy.
This will detail the provisions for special leave and the extent to which it is paid or unpaid.
Special leave may be granted for any reason, but it is always at the discretion of the employer. For those on national terms and conditions of service, the provisions of the GWC handbook (or its successor) will apply and these specify that:
- Special leave with pay may be granted for compassionate purposes, absence from duty following contact with a notifiable disease, caring for a dependent relative, adoption and leave for magisterial duties (for a period not exceeding 18 days in any 12 months)
- Special leave without pay may be granted, for example, to apply for posts outside the NHS or to pursue parliamentary candidature
- Special leave is a statutory entitlement and is used in exceptional circumstances. It may be granted under certain circumstances only and whether this will be with or without pay will be a matter for negotiation with the employer.
As of 18 September, all references to junior doctors in BMA communications have been changed to ‘resident doctors’.
Making up nearly 25% of all doctors in the UK, this cohort will now have a title that better reflects their huge range of skills and responsibilities.
Find out more about why junior doctors are now known as 'resident doctors'.
Study and professional leave for SAS Doctors
SAS doctors can apply for professional and/or study leave to cover a range of activities, including:
- study (usually, but not exclusively, personal study for course exams)
- research
- teaching
- examining or taking examinations
- visiting clinics
- attending professional conferences
- training
Many employers may also provide trade union leave as professional leave. Read more guidance on trade union leave.
In England, Northern Ireland and Wales
SAS doctors on both the 2008 and 2021 terms and conditions of service can expect up to a maximum of thirty days (including off-duty days falling within the period of leave) of study and/or professional leave in any period of three years within the United Kingdom. This is the recommended standard.
Study and professional leave are included under the same allowance.
Any such leave should be granted with pay and expenses or time off in lieu with expenses.
Leave taken in the UK beyond the maximum of 30 days within three years may be granted at the employer’s discretion with or without pay and/or expenses.
Professional and study leave taken outside the UK may be granted with or without pay and/or expenses at the employer’s discretion.
For both 2008 and 2021 SAS terms and conditions, absence on leave with pay for study leave counts towards a doctors’ continuous service.
If you are on an older contract that pre-dates the 2008 specialty doctor/associate specialist contracts, please check your specific terms and conditions..
If you need further clarification on any of these entitlements, contact the BMA for assistance.
In Scotland
Those on the 2008 contracts in Scotland will have the same terms for SAS doctors in England, Wales and Northern Ireland stated above.
Those on Scotland’s 2022 specialty doctor and specialist terms and conditions have extra contractual entitlements:
- Full pay for any study/professional leave granted up to 30 days within three years for leave within both the United Kingdom and EEA (European Economic Area).
- Full reimbursement of associated expenses will be provided for those taking this leave within the UK. (Note reimbursement for expenses incurred by leave outside the UK can be granted at a level agreed between the doctor and their employer. This would usually be comparable with the level of expenses available for expenses incurred during study/professional leave within the UK).
- Where proposed study/professional leave falls during a period when the doctor would not normally be working (e.g. training on non-working days for part time staff or online study at weekends), the time spent on the activity will be regarded as working time. The doctor should agree with their employer whether this will be paid at plain time rates or granted as time off in lieu (which should usually be within one month of the period of professional study leave).
Note also that for those on these 2022 terms and conditions of service:
- Leave beyond the maximum of 30 days within three years in either the UK or EEA, or outside of the UK/EEA, may be granted at the employer’s discretion with or without pay and/or expenses.
- Absence on leave for study or professional leave, whether paid or unpaid shall be included for the purpose of counting service.
Considerations when applying for study leave
Before you take study leave, you should consider the following:
- Local policies for study and professional leave, as some Trusts may grant additional leave/payment that goes beyond the national terms and conditions
- The likely expenses incurred from your leave. You must make sure these are estimated as accurately as possible and check the expenses provisions of the local policy in advance of submitting a leave application. If local policy is silent on the matter, you may wish to discuss this with your employer.
Please also note that:
- Where a doctor is employed by more than one NHS or HSC (Health and Social Care) organisation, the leave and the purpose for which it is required must be approved by all organisations concerned
- Where leave with pay is granted, the doctor must seek special permis-sion from their employer(s) to undertake any remunerative work dur-ing the period of leave
- Many employers will have 'capped' study leave budgets, however in most cases the agreed procedure will allow for payment of all expenses. Local policies should therefore be checked where partial funding of course training and/or restrictions on expenses are being pro-posed for approved study leave. It is worth noting that the DHSC (De-partment of Health and Social Care) has said that it is unreasonable for employers to pre-determine the level of expenses which they are prepared to approve in connection with study leave applications.
- The right to take study leave does not depend on the employer's finan-cial position.
- Employers should not turn down study leave applications on non-educational, including financial, grounds
- Study leave should not be used for inappropriate purposes, for example attending advisory appointments committees (as this is an external duty)
Special Leave
Special leave as defined by NHS Employers, is granted to help employees balance the demands of domestic and work responsibilities at times of either urgent, unfore-seen and/or parental, carer and public service need . Examples of times when an employer could grant special leave include:
- compassionate purposes
- contact with a notifiable disease
- caring for dependent relatives
- magisterial duties
Employers can however grant special leave at their discretion for any reason.
Like study and professional leave, periods of special leave with pay shall count to-wards a doctors’ continuous service. be included for counting of service purposes.
Special leave is separate to other leave policies (e.g. study and professional leave, annual leave, sick leave, parental care leave and child bereavement, etc.).
When considering applying for special leave, you may wish to check whether other leave policies would be more suitably applied in your circumstance.
Whether special leave is granted with or without pay is up to the discretion of the em-ployer, unless otherwise stated in your local policies. You should check these policies and entitlements ahead of making an application for special leave.
Jury service/Attending court as a witness
If summoned for jury service, you should notify your employer as soon as rea-sonably practicable.
All SAS doctors will be granted special leave with pay in accordance with their employer’s internal policy for participating in jury service.
If you have had a loss of earnings, your employer can fill in the certificate of loss of earnings that you’ll receive alongside your jury service letter. This will enable your employer to top up your court allowance for participating in jury service.
For information on this can be found on the government’s website.
Where you are required to attend court as a witness, as a result of the normal course of delivering NHS or HSC duties, such attendance will be considered part of your contractual duties and responsibilities as per the terms and conditions.
In Scotland the 2015 PIN (Partnership Information Network) policy ‘Supporting the Work-Life Balance’, details the provisions every NHS board is required to implement locally with regard to special leave. This includes:
Accordingly, SAS doctors should refer to the locally agreed special leave policy, which will detail the provisions for special leave and the extent to which it is paid or unpaid for those on the 2022 national terms and conditions.
For the counting of service whilst on leave, any relevant and agreed special leave, whether or not pay is specified, shall also be included for those on the 2022 national terms and conditions.
Rejection of special leave, professional or study leave/unpaid expenses
If you are a member who believes their request for special, study or profes-sional leave has been unfairly turned down, you may wish to contact the BMA for support in how to address this issue. You can also contact the BMA if you believe your employer is unfairly refusing to pay expenses associated with study/professional leave.
If the employer continues to refuse to resolve concerns, it is possible (depend-ing on individual circumstances) that the issue of non-payment of expenses can be pursued as a grievance or through the courts as a civil claim. The BMA can advise on whether you have a viable case.