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FAQs

Your annual leave entitlement is set out below (expressed in 8 hour days)

 

Length of service Annual leave
Less than 2 years’ relevant service 22
2 or more years’ relevant service 25
5 or more years’ relevant service 25
10 or more years’ relevant service 27
15 or more years’ relevant service 28
20 or more years’ relevant service 30

You are allowed to carry over five annual leave days (up to a maximum of 40 hours if you are working a variable shift arrangement)


Q. I have had to return from Annual Leave to attend court, what can I claim?

a) Recalled for 1 day or 2 days, an additional 2 days annual leave for each day recalled or 1 days annual leave and 1 days pay at double time, for each day.

Recalled for 3 days or more, as above for the first 2 days then 1 ½ days annual leave or 1 day annual leave and ½ days pay at double time in lieu of each such day recalled thereafter.

Regulation 33 covers the above. Annex O paragraph 5a of police regulations and determinations which goes on to say under 5b

This paragraph applies to a period of absence from duty of 3 or more days, where at least one of those days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, days taken in lieu of overtime, public holidays , free days, (or days taken in lieu thereof) or monthly leave days or any combination thereof.

For example, an officer books leave on a Tuesday to cover the Wednesday and Thursday which are rostered rest days. The officer is then warned for court to cover all three days. The compensation they would receive:

For the Tuesday they would receive 2 additional days leave or 1 days leave and a day at double time

For the wednesday and Thursday they would receive the appropriate compensation for rest day working in line with police regulations.

However, PNB circular 2014/8 details a PNB agreement which provides that where an officer is required to work on a rest day or free day within a period of annual leave that days shall be compensated as if it were annual leave or a day taken in lieu of overtime. In these circumstances annual leave is defined as a period of absence from duty of 5 days or more where at least one of those days is a day of annual leave.

West Yorkshire Police haven’t adopted this circular despite its existence and our representations that it should and we now await this being laid in regulations.


Q. What happens if I am sick when I am on leave?

a) Police regulations do not cater for this but we consider that a day cannot simultaneously be regarded as both a day of sick leave and a day of annual leave. If you are sick during a period of annual leave you should report this to your line manager as soon as possible on your first day of sickness and your annual leave should be reinstated.


Compensation for duty on a bank holiday.

When required to do duty on a public holiday, constables and sergeants are entitled to:-

  • Where less than eight days notice is received – payment of double time plus another day off in lieu to be treated as a public holiday.
  • In any other case – payment at double time.
  • If the period of duty carried out on the public holiday is less than four hours the appropriate allowance will be paid for a minimum of four hours.

Constables and Sergeants may with the approval of their chief officer substitute a day which is not a public holiday for any day which is a public holiday with the exception of Christmas day. You can substitute your public holidays between 1 august and the following 31 January for the next leave year (1 april to 31 march).

For a full time officer a public holiday is a period of 8 hours. If as a result of a public holiday youy have a shortfall in your rostered working hours the shortfall will be shown as a deficit on your CARM core hours balance.


Q. I have just worked a nightshift 2200 x 0700 into a bank holiday and have had to remain on duty until 0930 hrs. What can I claim?

a) you will be entitled to claim a minimum of 4 hours at double time AND a day back in lieu which shall be treated as a public holiday.


Q. I have been asked to change my shift from what would have been a 7 x 3 day shift to a 6 x 2 day shift to work on an operation. What should I be compensated?

a) Dependant upon the notice given if you are notified with less that 8 hours notice you are entitled to overtime rate for the period up to your normal commencement time, plain time until 2pm and then overtime 2 x 3pm. The overtime rate is directed at time plus one third.

If you are given more than 8 hours notice then there would be no overtime payment due unless you worked beyond the 2pm finish.

The above would require an exigency of duty signing up. If this wasn’t the case, you would be entitled to remain on duty until the conclusion of your rostered tour of duty which in this example would then incur overtime at a rate of time plus one third.


Q. Would this be different if this was my first working day following rest days.

a) Yes it would. This would then be rest day working and as such would attract a minimum of four hours overtime at time and one half.

So, in the example above you would get 4 hours at time and one half for the hours 6am x 7am, plain time 7am x 2pm and overtime at time and one third for 2pm x 3pm.


Q. I have been asked to change my shift from a 7 x 3 early shift to a 2 x 10 late shift to cover an event. What should I be compensated?

a) Unless there is an exigency of duty in place, you are entitled to work your rostered tour of duty. Any additional hours either side of that would attract overtime.

If an exigency of duty is in place, they are entitled to move you without compensation. However, should you work beyond 8pm you would attract unsocial hours payment.


Q. I have had to return from Annual Leave to attend court, what can I claim?

a) Recalled for 1 day or 2 days, an additional 2 days annual leave for each day recalled or 1 days annual leave and 1 days pay at double time, for each day.

Recalled for 3 days or more, as above for the first 2 days then 1 ½ days annual leave or 1 day annual leave and ½ days pay at double time in lieu of each such day recalled thereafter.

Regulation 33 covers the above. Annex O paragraph 5a of police regulations and determinations which goes on to say under 5b

This paragraph applies to a period of absence from duty of 3 or more days, where at least one of those days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, days taken in lieu of overtime, public holidays , free days, (or days taken in lieu thereof) or monthly leave days or any combination thereof.

For example, an officer books leave on a Tuesday to cover the Wednesday and Thursday which are rostered rest days. The officer is then warned for court to cover all three days. The compensation they would receive:

For the Tuesday they would receive 2 additional days leave or 1 days leave and a day at double time

For the wednesday and Thursday they would receive the appropriate compensation for rest day working in line with police regulations.

However, PNB circular 2014/8 details a PNB agreement which provides that where an officer is required to work on a rest day or free day within a period of annual leave that days shall be compensated as if it were annual leave or a day taken in lieu of overtime. In these circumstances annual leave is defined as a period of absence from duty of 5 days or more where at least one of those days is a day of annual leave.

West Yorkshire Police haven’t adopted this circular despite its existence and our representations that it should and we now await this being laid in regulations.


Q. I have been warned for court for a while and this has just been cancelled. What do I have to work?

a) Unless this was a rostered rest day you would revert to your normal shift. Where you have had rest days cancelled to facilitate attendance, where you are told with more than 7 days notice that you are no longer required you will take the rest day with no compensation. Where you are given less than 8 days notice, you can choose between taking the rest day with no compensation or working the rest day with compensation in accordance with police regulations.


Q. I am supposed to be at court and I am sick. Do I have to attend?

a) If you are certified unfit for duty by a doctor, and due to give evidence in court, unless the reason for the certification prevents you from giving evidence, you are obliged to attend court and give evidence. Where you do so as part of your duty as a police officer, this will be duty time in the normal way.


Q. I am shown warned for court and would like to book annual leave. What can I do?

a) In short, nothing. Your leave would not be approved under these circumstances.


Dependants leave

These provisions can be found in regulation 33 and annex T of police regulations.

A member is entitled to take reasonable paid time off during normal duty periods in order to take action which is necessary:

  1. When a dependant falls ill, gives birth or is injured or assaulted
  2. To arrange for care of an ill or injured dependant
  3. Where a dependant dies
  4. Where care arrangements for a dependant are disrupted
  5. To deal with an unexpected incident involving an officers child at school or nursery

Each circumstance is distinct and separate from each other therefore, it should be made clear which circumstance the request is made within rather than a generalised request for time off.

Dependant means a spouse, child, parent, someone who lives in the same house as the member (but not a lodger etc) or, in relation to (a) (b) and (d) any person who reasonably relies on the member for their care or provision or their care i.e an elderly neighbour.

You must tell your line manager the reason for the absence as soon as reasonably practicable, and, if possible, state how long you expect to be absent.


Compassionate Leave

Your second line manager may authorise paid leave of up to five days for compassionate reasons, each case will be considered individually. (where your second line manager is unavailable another manager of equivalent level or higher may take this decision.)

A member of the local senior leadership team may authorise compassionate leave of six to ten days.

This is in addition to dependants leave allowed under police regulations.


Rosters will be published every three months for all Constables and Sergeants (and Inspectors and Chief Inspectors in the case of part time members) on the dates below.

These are published one month before the start of the rota and will indicate rest days, public holidays, free days for part time officers , the times your shifts begin and end.

1st march to begin on 1st April
1st June to begin on 1st July
1st September to begin on 1st October
1st December to begin on 1st January

Your published shift should not ordinarily be altered but it may be altered if it arises from an exigency of duty eg unforeseen public order situations, court attendance or essential training or, it is at your own request.

If an exigency of duty requires a planned roster change, it has to be authorised by an officer of at least the rank of Chief Inspector.

Alterations to your shift should not be taken lightly and any unnecessary changes must be avoided. The changes must not be made purely on finance grounds.


Q. I want to attend the police treatment centre and am a paying member. How do I do that?

a) If you are a subscribing member to the Police treatment Centre then you can attend in duty time if your first line manager approves this. The decision will be based on this being a benefit to the organisation.


Overtime for Constables and Sergeants is classed as follows:

Planned overtime, this is where you are warned prior to the commencement of your tour of duty that you will be required to work on at the end of your shift. If you ended up being required for less than 15 minutes there would be no overtime payable, and if you were to work between 15 and 29 minutes you would be paid for the first 15 minutes only. If you were to work 30 or more minutes you are then eligible for overtime for each 15 minute period.

Casual overtime, this is where you are required to remain on duty at the end of your current tour of duty. On each of the first four occasions in any week when you work casual overtime, the first 30 minutes would be disregarded in calculating the overtime allowance due.

Both of the above attract a compensation rate at time and one third which can be taken for either time or pay it is your choice.


Q. I have been told I will be working an extra 2 hours at the end of my early turn shift in two days time. What am I entitled to?

a) This would be classed as 2 hours planned overtime and you would have the choice of taking this for time off in lieu or payment at a rate of time plus one third.


Q. I was due to finish today at 2200 hours however I ended up being kept on until 2330 hours. What will I be entitled to?

a) This is classed as casual overtime and as long as you haven’t already worked casual overtime for the previous four days in the week you are working you would be entitled to 1 hour at time and one third.


Q. I have just worked a night shift due to finish at 0700 and ended up working on until 0900. It is my rest day what am I entitled to?

a) If you work into your rest day for the first hour you are entitled to time and a half for each completed 15 minutes worked. Where you are in excess of that hour, ie until 0900, you are entitled to a minimum of 4 hours at time and a half.

If in the above example your rest day was a bank holiday, if you worked less than 4 hours, you would be entitled to a minimum of 4 hours at double time AND a day off in lieu, which shall be treated as a bank holiday.


If you are recalled to duty between two tours of duty or rostered shifts you are entitled to overtime. You are also entitled to have your travelling time treated as duty up to a reasonable limit set by the chief constable. This is currently a maximum of one hour. You would also be entitled to claim your mileage for your journeys to and from where you are recalled to.

The overtime rate payable would be time plus one third and this is for the hours worked plus travelling time.

Answering the telephone does not generally constitute a recall to duty. If a member receives a call which requires necessary action or duty to be performed, this may be a recall to duty, and the member may be eligible for appropriate compensation.

For example, you have worked a 0700 x 1500 shift and are due to do the same the following day, when at 1800 hours that day you receive a phone call which requires you to go back to your usual place of duty. You arrive there at 1830 and stay until 2030 and then return home for 2100. You would be entitled to claim 3 hrs at time plus one third and your mileage for each journey.


Q. Can they cancel my rest days?

a) Yes. As a result of an exigency of duty arising outside the publication of the three monthly rosters the force can, where an exigency arises cancel your rest day.

Regulation 22 annex E states that The Chief Officer shall cause to be published duty rosters for members of his/her force after full consultation with the Joint Branch Board at intervals not exceeding 12 months and not later than 1 month before the date in which it starts. Each roster will set out for at least 3 months the following:

  • His/Her rest days
  • Public Holidays in which he/she may be required to do duty on
  • The time at which his/her scheduled daily period of duty begins and ends
  • For part time members his/her free days
  • Intervals of at least 11 hours between the end and the beginning of the next shift
  • An interval between rostered rest days not exceeding 7 days

The term exigency of duty should be interpreted as relating to situations where a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of roster.

Changes to rosters should only be made after full consideration of welfare, operational and practical circumstances rather purely on financial grounds. Because rosters are produced annually a number of unforeseen reasons for changes may subsequently arise. It is clearly not possible to produce an exhaustive list of all of the potential reasons which may necessitate changes. However, by way of example, unforeseen public order situations, court attendance and essential training would justify changes to rostered duties. An officer should be told as soon as the requirement for the change is known and at the latest, by midnight on the calendar day before the changed period of duty commences.


Q. My rest day was cancelled for an operational reason, I am now no longer required to work of that day as they have scaled the operation down. What am I entitled to?

a) When an officers rest day is cancelled in anticipation of an operational need for which in any event he/she is not required to attend for duty:

where the officer is told with nore than 7 days (and less than 15 days) notice that he/she will not after all be required to work on his/her rest day, he/she will take the rest day with no compensation.

Where the officer is given less than 8 days notice, he/she can choose between taking the rest day with no compensation or working on the rest day with compensation in accordance with police regulations.


Q What can I claim for working on a rest day?

a) A member of a police force of the rank of constable or sergeant shall, if required to do duty on a day which is a rostered rest day, be granted:

Where he/she receives less than 15 days notice of the requirement, payment or time off (officers choice) at the rate of time and a half.

Please note when working out the days notice you do not count the day you were warned or the day you are to work.


Q. Can I claim travelling time for working on a rest day

a) Where an officer is required to do duty on a public holiday or on a rostered rest day his/her period of duty shall include the time occupied by him/her travelling to and from his/her place of duty. This will be disregarded where the period of duty exceeds 6 hours.


Q. Can I claim travelling expenses?

a) Travelling expenses can be claimed for your journey if you are working on:

  • A rest day
  • A free Day, or
  • A public holiday
  • And no replacement day is given.


Q. I am attending a training course at the learning and development centre at Carr gate. How does this affect my duties?

a) You will be temporarily removed from your rostered shift pattern and will be rostered to a pattern with shifts of 8hours duration, if different, for the period of the course. Shifts of longer than 8 hours may be rostered where the specific length of the training course is longer than 8 hours. For courses of 6 days duration or more, rest days will be allocated at the rate of 2 per week.

Any core hours owed will have to be adjusted accordingly with your duties planning team as you will have to pay them back.


Q. Can I claim my travelling time whilst on a training course anywhere in the force other than my usual place of duty?

a) Student officers on their initial course at posted at the L & D centre and therefore are unable to claim travelling time.

Officers attending any other course are entitled to claim up to 45 minutes each way for any excess travelling time beyond their usual place of duty.

Some courses have travelling time built into them.


Q. Can I claim for my mileage whilst training anywhere in the force?

a) If you are in your own vehicle that has a valid MOT and suitable insurance, you can claim any excess mileage over and above your mileage to your usual place of duty.


Q. I have been allocated pre course material that requires study prior to the course commencing. Should I do this in my own time?

a) No. You should be given sufficient undisturbed duty time to complete this. If you haven’t been allocated time you will need to speak with your line manager who may consider giving you study leave or overtime as appropriate.


Travelling time between your home and your usual place of duty is not generally treated as duty time.

Where you are required to start and/or finish at any other location other than your usual place of duty either in the force area or out of the force area, you are entitled to claim for excess travelling time. This is time over and above the time it would normally take you to get to your usual place of duty.

The excess travelling time that can be claimed is up to a maximum of one and a half hours per day (45 minutes each way) however additional travelling time can be agreed by your line manager where necessary.


Public Holidays and Rest days

Travelling to and from work on a public holiday or a rest day (where you do not receive another rest day in lieu) can be treated as duty time for travelling but only when the period of duty does not exceed six hours. Where it does exceed six hours there is no claim.


Recall to Duty

If you are recalled to duty between two tours of duty, you are entitled to claim the travelling time for the additional journey.


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