During what is undoubtedly a challenging time for employees and employers, it is important to recognise if you need to take annual leave for its general health benefits such as your mental well being and ensuring that if you are still working that you have an opportunity to recharge and contribute to your workplace effectively.
Employers and employees should try to be as flexible as possible when arranging annual leave during coronavirus.
Things to consider
- Use of cancellation of holiday
- Discuss why holiday should be taken or cancelled
- Open the conversation for staff ideas on the matter
- Consider the overall wellbeing of the team
- Have an awareness that this is a challenging time for all concerned.
Employees who are furloughed may still take their annual leave, subject to employer agreement and contractual terms. this includes bank holidays.
Holiday pay must be paid in full even if it is taken by a furloughed worker.
Holiday Carry Over
On the 27th March the Government amended the Working Time Regulations 1998 (WTR) to allow annual leave to be carried over.
Where employees may not be able to take their annual leave they may be able to carry over up to four weeks of their accrued paid holiday into the next 2 holiday leave years.
The temporary change applies to any employee who is unable to take leave during Coronavirus, reasons may include:
- Self isolation or sick leave.
- They’ve had to continue working – perhaps they’re a key worker.
- They’ve been furloughed and cannot reasonably use it in the usual holiday year.
Leavers and Holiday pay
If an employee leaves or is dismissed, any carried over holiday pay due to coronavirus must be added to their final pay.
Requesting Staff Take or Cancel Holiday
As an employer you have the right to tell employees when to take their holiday, a common practice when working in seasonal industries.
If an employer had to close for a week, employees could be instructed to take a week of holiday entitlement.
If this needs to be done, the employer MUST inform staff with twice the amount of notice of the period of leave.
A period of 5 days leave would require a minimum of 10 days notice from the employer.
Employers may also cancel previously approved holiday, a notice period must be given that is equal to a minimum of the length of the holiday
A holiday of 5 days would require a minimum 5 days notice to cancel.
If you require help with furloughing employees, or any aspect of payroll please contact Avanti 01473 558866. We can also point you in the direction of trusted HR providers, you should always seek professional HR advice.
Reproduced from www.acas.org