The Northern Branch has become aware that the Fire Service has sent out notification for alternative holidays which are generated when working a public
holiday and when staff
work time banking.
These are SMS generated notifications that are required under the Holidays Act 2003, Part 2 Section 58.
The Fire Service are reminding staff that these accumulated leave types, where possible, should be used within 12 months of being generated. The SMS notification
two possible solutions on how these shifts may be used which are also covered under Section 58 (b) and (c) of the Holidays Act 2003.
Staff are reminded that they should be using alternative holidays or time banking within 12 months of when they are generated so that the notifications are not produced.
When a 12 month time limit has been reached but may be extended through discussions with Area Management.
If agreement can not be reached for extension, then they can be cashed at the appropriate overtime rate for day or night, dependent on the type of shift.
Pro Rata Leave.
Pro Rata Leave may be extended as per Section 58 of the Holidays Act 2003 only after discussions with Area Management so that an extension can be arranged.
Section 58 of the Holidays Act 2003 has been reproduced for your information.
58 When employee may be required to take alternative holiday An employer may require an employee to take an alternative holiday on a date determined by the employer only if –
(a) 12 months have passed since the employee’s entitlement to the alternative holiday arose; and
(b) The employer and employee have not been able to agree under section 57(1)(a) on a date on which the employee will take the day; and
(c) The employer has given the employee at least 14 days’ notice of the date on which the employer requires the alternative holiday to be taken.
Once again we reiterate, to avoid this situation arising, staff are reminded that alternative holidays and time banking should be used within the 12 month
period of this leave type
being generated. When applying for these leave types, using the oldest leave generated may help to alleviate this problem.
No leave can be removed from leave entitlement once generated without discussions with Area Management prior to this leave being either cashed in or taken.