Public Holiday Working
We recognise that some employees have been required or will need to work over public holidays, in a range of different environments to ensure essential service provision. The following arrangements will apply for public holiday working during the current COVID-19 pandemic:
Craft and SJC employees (excluding casual workers)
Normal terms and conditions apply, see working on a general or public holiday.
Effectively all permanent and temporary employees should receive the equivalent of triple time when working normal hours on a public holiday. Depending on contractual arrangements this can be a mix of normal salary, public holiday allowance (for hours worked) and time off in lieu.
Full time employees
Salary paid already includes payment for this public holiday. For any hours worked on the public holiday you should claim plain time for the hours worked and time off in lieu, or double time for each hour worked in total recompense (ie with no time off in lieu). See working on a general or public holiday for clarification on whether time in lieu is a half day or full day.
Part time employees - scheduled to work a Friday/Monday when Public Holiday falls
Your salary includes payment for public holidays and you have also been given entitlement for public holidays in your pro-rated leave entitlement. You should cancel this day if already processed in MyView. You will then have these hours to take at a later date as part of your annual leave entitlement. You should also claim plain time in MyView as Public Hol – Normal Hours for the actual hours worked.
Part time employees - not scheduled to work a Friday/Monday
Your salary doesn't include payment for working on this day, but you have already been given entitlement for public holidays in your leave entitlement. Therefore, you should claim for hours worked on MyView as Public Hol - Overtime (Double Time). The hours claimed will be paid at double time.
Term time workers
Salary paid already includes payment for public holidays. Claim should be for double time for all hours worked as you cannot take leave at another date/time.
Casual Workers working on Public Holidays
For casual workers, current conditions of service do not provide for any enhancements for casual workers. Casual workers working on a public holiday are paid at plain time for hours worked.
Employees on standby/covering rota in a grade which enables standby/call out payments to be made
Many employees have been required to provide support out of hours on a standby or call-out basis to support service delivery in response to COVID. Where your grade (up to and including Grade H) enables you to receive a standby and/or call out payment, this should be claimed/paid in line with normal terms and conditions.
Part time staff at any grade working additional hours
To support essential service delivery, many part time employees have worked additional hours. Where flexi-time is available, this should be offered but where this isn't appropriate, payment for additional hours worked, up to 37 hours per week, should be to be claimed/paid at basic pay irrespective of grade. Where your post attracts overtime payments (up to and including Grade H), these can be claimed if you work beyond 37 hours.
These hours should be claimed through MyView as PT Additional Hours (Single Time).
Casual Workers (SJC)
Payment will only be made to casual workers if they make claims for any work they have undertaken in accordance with the normal casual procedures.
Casual workers in a social care role
The Scottish Government has set up a fund for social care workers contracted to deliver care and support in the social care sector who, due to the nature of their work or work environment, may be absent due to coronavirus.
The fund aims to ensure that social care workers do not experience financial hardship. Criteria has been set by the Scottish Government and must be applied within Local Authorities.
Arrangements are already in place for employees on permanent and temporary contracts who are absent as a direct result of coronavirus to be paid normal salary. Currently, casual workers are not paid for absences due to coronavirus.
Criteria for payment
This only applies to casual workers who are active on the casual list at the time of absence (i.e. they have been offered and accepted work within the 4 weeks prior to the period of isolation/sickness absence due to coronavirus) in the following areas:
Adult care homes
Social care staff working in adult care homes who are providing essential care for adults, elderly and vulnerable people.
Residential child care, including secure care
Staff working in residential childcare who are providing care to children.
Care at Home (including Housing Support)
Care at home workers providing essential support to people so that they can live independently in their homes. This includes housing support workers working in homelessness, addiction services and mental health.
Other registered social care workers
This includes workers doing needle exchange, working in homeless services, doing drug and alcohol recovery work in the community, working in drop-in and day services or offender accommodation.
Auxiliary and catering staff
Auxiliary and catering staff working within care homes or day care facilities.
Casual social care staff
Workers doing casual work for local authorities.
Mental Health Officers
Mental Health Officers (MHOs) who are working with vulnerable people to support and protect them within a support service.
Non-registered social care workers
This includes building-based or community-based day social care resource workers / project workers who provide community-based preventative/early support services for adults and children.
Social workers and related paraprofessional roles
Social workers across older people, adult mental health and learning disability, children's services, criminal justice services:
- absence must relate to coronavirus – sick or self isolating
- the worker will experience financial hardship as a result of the loss of income/reduction in income due to absence
- specifically does not apply when a casual worker has travelled abroad and subsequently requires to quarantine
- payment will be for the pay or expected income that would have been received, had they not been absent due to coronavirus. Payment is based on the greater amount of the pay the worker would have received under their contract, or a week's pay as defined in section 62 of the Employment Rights Act 1996 (ie calculation for a week's pay for redundancy pay = average of the last 12 weeks when pay was received).
The fund is currently due to expire on 30 June 2022, but may be extended by the Scottish Government – this guidance will then be updated.
Managers must ask the casual worker impacted directly by coronavirus (either due to sickness or the requirement to self-isolate) to:
- Confirm absence is coronavirus related
- self-verify if they have, or are likely to, experience financial hardship as a result of their income subsequently being reduced.
- notify their HR adviser, by email of any cases that may qualify immediately, providing relevant details.
Once criteria is confirmed, HR will pass relevant information to payroll for processing.