Derbyshire Police Federation

Annual leave

I have had to return from annual leave to attend court, what can I claim?

You will be entitled to the following:

  • Recalled for one or two days - an extra two days annual leave for each day recalled or one day’s annual leave and one day’s pay at double time, for each day.
  • Recalled for three days or more - as above for the first two days then 1.5 days’ annual leave or one day annual leave and half a day’s pay at double time in lieu of each such day recalled thereafter.
  • Regulation 33, Annex 0, Paragraph 5(a) and (b) refer.
  • This paragraph applies to a period of absence from duty of three or more days, where at least one of the 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 over-time, public holidays (or days taken off in lieu thereof) or monthly leave days, or any combination thereof.
  • Where an officer is required to work on a rest day or free day within a period of 5 days of leave (subject to the paragraph below), that day shall be compensated in the same manner as if it were a day of annual leave or a day taken off in lieu of overtime.
  • This paragraph applies for a period of absence from duty of 5 or more days (where at least one of those days is a day of annual leave and the other days are rostered rest days, days taken in lieu of overtime, public holidays, free days (or days taken off in lieu thereof) or monthly leave days).
  • In both of the above circumstances, the entitlement to Regulation 33 compensation applies when an officer is required to work as it would for an officer who is recalled to duty from annual leave. This is an agreement reached under the Police Negotiating Board  (PNB Circular 2014/8 refers).
  • This agreement was reached in addition to the existing provisions of Police Regulations 2003 (above), i.e. there is no change to the current compensation arrangements
    for a period of absence of 3 or more but less than 5 days.
    This agreement takes effect from 1 May 2014.
  • Forces should make every effort to avoid recalling officers to work during their rest days and free days, particularly those that fall within a period of annual leave. Changes to
    published rosters should be kept to a minimum and only made due to exigencies of duty (or on the request of individuals). Any changes to rosters should only be made after full consideration of operational, welfare and practical circumstances.

My child's school was unexpectedly closed for the day and they were sent home, I couldn’t arrange childcare, do I have to use annual leave or time out of the book to look after them?

A police officer may take time off because of the unexpected disruption or termination of arrangements for the care of a dependant, or to deal with an incident which involves a child of the member and which occurs unexpectedly in a period during which an educational establishment, which the child attends, is responsible for them.

Leave taken as time off for dependants shall be treated as duty, but does not apply unless the member tells their chief officer the reason for their absence as soon as reasonably practicable. Best practice would be to inform a line supervisor of your circumstances ASAP after you become aware of it.

A “dependant” means:

a) a spouse
b) a child
c) a parent
d) a person who lives in the same household as the member, otherwise than by reason of being his employee, tenant, lodger or boarder

This also covers when a dependant falls ill, gives birth or is injured or assaulted or in consequence of the death of a dependant.

I was kept on duty and worked into a day that was scheduled for annual leave what can I claim?

Working into annual leave is not contained in either Reg 25 (over-time) or Reg 26 (PHL/Rest Day) of Police Regulations & Determinations, so it is not classified as over-time. Regulation 33 (Annex OO) does state that it is compensation for being recalled to duty. It is also applicable for officers required to work on an annual leave day as well, therefore covering the retained on duty scenario.

Once the recall from annual leave has been compensated, the day reverts to whatever the rostered duty was (eg 07:00 - 16:00, 10:00 - 18:00, Rest Day) that was booked off. At this point, Reg 25 & 26 come into play and any over-time that would normally be payable is payable. 

So, for example, an officer is retained on duty until 08:00 hours off nights having booked one day’s annual leave for the following nights tour of duty, which is then attached to two or more rest days, TOIL, PHL or free days. In this case of the officer, would receive compensation of a day back plus a day’s pay at double time (nine hours because it was a nine-hour shift the officer had booked off.